Hospitals: Don’t Restrict Health Care Because of Religious Doctrine

While Washington is generally not considered a very religious state, it is estimated that more than 30% of hospital admissions statewide are to religiously affiliated hospitals, and 40% of hospital beds are in religiously affiliated hospitals. In recent years, several hospital transactions with religiously affiliated health care corporations have gone through with little public attention, raising concerns about the future availability of health care across the state, as religiously affiliated hospitals restrict access to and information about certain reproductive and end-of-life health care options and may not treat individuals based on sexual orientation or transgender status.

Currently, several hospitals are considering mergers or affiliations with large religiously affiliated health care corporations. These hospital transactions come at a time of increased pressure on health care providers and hospitals to improve coordination of patient care and increase health care efficiencies. Already, in certain counties and parts of Washington, the only hospitals or health care facilities serving the public are religiously affiliated.

The growing prominence of religiously affiliated hospitals and accompanying restrictions on health care services conflicts with state public policy and law. The Reproductive Privacy Act, enacted by voters statewide in 1991, establishes as public policy of the state of Washington that “every individual has the fundamental right to choose or refuse birth control,” and “every woman has the fundamental right to choose or refuse to have an abortion.” The Reproductive Privacy Act prohibits the government from denying or interfering with a woman’s fundamental rights and from discriminating against the exercise of these rights.

In 2006, the legislature passed the landmark Anderson Murray Anti-Discrimination Law which prohibits discrimination based on sexual orientation or gender identity and expression. The law forbids discrimination in several critical areas, including by providers of medical services. In addition, the Death With Dignity Act, enacted by voters statewide in 2008, allows terminally ill adults seeking to end their life to request lethal doses of medication from medical and osteopathic physicians. The citizens of Washington have chosen to codify their right to make reproductive and end-of-life health care decisions and to be treated without discrimination, yet will not be able to do so in many parts of the state due to religious restrictions in health care.

The ACLU of Washington is seeking to learn more about how these changes in hospital operation and management are impacting health care. If you are a patient or provider, please complete our confidential survey that will help us understand this issue in our state. Please check back in the coming months as more information becomes available.

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