On January 21, the Department of Health and Human Services Office of Civil Rights sent a Notice of Violation (full text) to the state of Illinois. The Notice informs the state that HHS has found that the Illinois Health Care Right of Conscience Act violates federal bans on discrimination against pro-life health care entities that do not refer patients elsewhere for abortions. The Illinois law generally provides a shield from liability to health care personnel that refuse on conscience grounds to perform abortions, but only if the objecting provider either refers or transfers the patient elsewhere or at least furnishes the patient written information about other health care providers who likely offer abortion services. In its Notice of Violation, HHS takes the position that discriminating against entities that do not "refer" out for abortions includes denying legal defenses to entities that do not either transfer patients to another provider or give patents written information about alternative providers. ADF issued a press release discussing HHS's action.
