The American Civil Liberties Union (ACLU) is asking a federal court to compel the Centers for Medicare & Medicaid Services to turn over complaints about Catholic hospitals that have allegedly refused women reproductive care because of religious directives.
The Freedom of Information Act (FOIA) lawsuit, filed May 24, seeks grievances about Catholic hospitals by women who were reportedly denied emergency treatment or information, in violation of federal law. The ACLU filed a FOIA request with CMS in 2014 asking for the same information, but received no meaningful response, according to ACLU Senior Staff Attorney Brigitte Amiri .
“We’ve heard heartbreaking stories from women who rushed to a Catholic hospital in an emergency but were turned away because the hospital let religious rules written by bishops dictate what medical care could be provided,” Ms. Amiri said in a statement . “We are seeking complaints filed with the government about these unlawful and harmful practices. We call on the government to undertake a systematic investigation into the denial of appropriate care in Catholic hospitals and to take action to protect women and ensure that they get the care they need.”
A spokeswoman for CMS said the agency does not comment on pending litigation .
The legal challenge follows an ACLU report released in May that found a 22% increase in the number of Catholic hospitals since 2001. The report featured accounts from patients allegedly denied appropriate care at Catholic hospitals and stories from health care providers allegedly prevented from providing critical care because of the directives.
For example, one patient with a brain tumor claimed she was denied a tubal ligation at the time of her scheduled cesarean section, although she was advised by her other doctors that another pregnancy would increase risks posed by her tumors. In some states, more than 40% of all hospital beds are in a Catholic facility, leaving some regions without options for certain reproductive health care, according to the report.
The Catholic Health Association of the United States (CHA) called the accusations in the ACLU report, “unsubstantiated and irresponsible.” The Ethical and Religious Directives for Catholic Healthcare Services, the guidelines by which all Catholic hospitals operate, are consistent with the delivery of safe, effective medical care, said Sister Carol Keehan, CHA president & CEO.
“To frighten families with scary, one-sided stories and exaggerated data is grossly disrespectful to the thousands of physicians, midwives, and nurses working in Catholic hospitals who are so devoted to their patients and to the care they deliver,” Sister Keehan said in a May 9 statement .
A CHA spokesman declined to comment on the ACLU’s lawsuit against CMS, referencing the association’s prior statement on the issue. In its May 9 statement, CHA stressed that nothing in the Ethical and Religious Directives prevents the provision of quality clinical care for mothers and infants in obstetric emergencies.
“Catholic hospitals are not only safe for women and their infants but also the choice of so many patients who seek holistic care from a trusted, compassionate provider,” Sister Keehan said in the statement. “Physicians, too, choose Catholic health care – not only for its quality care but also often because of its deep concern for those who are vulnerable.”
A related lawsuit by the ACLU against Trinity Health, in Michigan, is ongoing. In that challenge, ACLU claims that Trinity repeatedly and systematically failed to provide women who were experiencing pregnancy complications with clinically appropriate emergency abortions. Trinity argues that the ACLU lacks standing and has failed to state a proper claim. The U.S. District Court for the Eastern District of Michigan Southern Division agreed and dismissed the suit. The ACLU has asked the court to reconsider, and the motion for reconsideration is pending, Ms. Amiri said.
In April, the American Congress of Obstetricians and Gynecologists (ACOG) outlined its concerns about the growing number of hospitals and health systems that limit the scope of reproductive services based on religious beliefs. In addition to reporting insufficient, withheld, or restrictive care, physicians should strive to identify resources and alternative solutions for patients to maximize their available health care options, ACOG said in the position statement .
“Women should have access to scientifically-based health care,” the position statement read. “Prohibitions on essential care that are based on religious or other nonscientific ground can jeopardize women’s health and safety. Restrictive hospital policies can damage the patient-physician relationship.”
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