Below the radar: How religious institutions' refusal to provide certain reproductive health care violates patients' rights

A serious but little known problem is putting women's health and lives at risk: because of their religious beliefs, certain health care providers do not give appropriate treatment or information to women experiencing serious pregnancy complications. A growing body of evidence indicates that both individual and institutional health care providers have denied or delayed treatment and information to women experiencing both ectopic pregnancies and miscarriages. Because there are detectable embryonic or fetal heart tones, the providers assert that any intervention that would terminate the pregnancy constitutes an abortion in violation of their religious beliefs. However, these are situations where there is no medical intervention that would allow these pregnancies to continue. Prompt medical intervention is necessary to prevent serious and potentially deadly complications. The Medicare Conditions of Participation (CoPs), federal regulations that apply to all hospitals that receive Medicare funds, include provisions requiring hospitals to provide the standard of care, emergency care, and to obtain informed consent prior to treatment. These provisions should ensure that women get prompt treatment and comprehensive information on their treatment options according to the standard of care. Unfortunately, because the problem of religious refusals is largely unknown, even to medical professionals, women experiencing pregnancy complications remain vulnerable to substandard treatment in violation of their legal rights. Advocates have petitioned the Center for Medicare and Medicaid Services, the agency that enforces the CoPs, requesting that they remind providers of their existing obligations, investigate these harmful practices, and take affirmative steps to prevent further violations.