Comments Submitted to U.S. Federal Agencies

In its efforts to hold federal agencies accountable for upholding and advancing reproductive rights and health, the Center regularly submits comments in support or opposition of proposed rules and regulations. Below are summaries and links to comments submitted recently by the Center’s U.S. Federal Policy and Advocacy team.

Comments Submitted October 2022 through June 2023

Department of Health and Human Services Privacy Rule Notice of Proposed Rule Making, 06.16.23

The Center for Reproductive Rights submitted this Comment in response to the Department of Health and Human Services’ (HHS) proposal to change the HIPAA Privacy Rule to include specific protections for personal health information related to reproductive health care. The Comment encourages the Department to finalize this rule, with some further revisions to ensure people are able to access reproductive care without fear of criminalization by their providers and law enforcement. It further requests the Department to revise the rule by clarifying that the rule’s protections apply to all reproductive health care, not just care lawful in the state in which it is provided. It also asks for more meaningful protections for patients, including: (a) expanding protections for PHI related to gender-affirming care and care for substance use disorders; (b) strengthening the final rule to safeguard patients from malicious and unnecessary reporting; and (c) additional safeguards for data that may be disclosed under the Rule’s exceptions. 

Update: This rule was finalized on April 22, 2024, and became effective June 25, 2024 (with a compliance date of December 23, 2024).

Department of Health and Human Services Office of National Coordinator for Health Information (ONC) Notice of Proposed Rule Making, 06.16.23

The Center for Reproductive Rights submitted this Comment in response to a proposed rule from the HHS Office of the National Coordinator for Health Information (“ONC”) to revise the interoperability rule, which allows patient records to be transferred between providers via electronic records. Under the proposal, patients would have the ability to preemptively restrict their health data from use or disclosure. The Comment encourages ONC to finalize this rule with some revisions that will make it easier for patients to restrict their data and also to implement this plan sooner than scheduled. 

Update: This rule was finalized on January 9, 2024 and became effective March 11, 2024. 

Department of Health and Human Services Notice of Proposed Rule Making on Rights of Conscience, 03.06.23 

The Center for Reproductive Rights submitted this Comment in strong support of rescinding the previous rule issued in 2019 titled “Safeguarding the Rights of Conscience as Protected by Federal Statutes.” The 2019 rule, which was vacated before ever taking effect, would have exacerbated denials of health care. Additionally, the Comment notes that the 2019 rule had violated the Administrative Procedures Act as it was arbitrary and capricious, in excess of statutory authority, and contrary to law. The 2019 rule would have also resulted in substantial harm to patients by expanding the scope of people and entities who could refuse medical care or services to patients. The Center urged the Department of Health and Human Services to rescind the 2019 rule by explaining the harms the rule would have caused to people seeking care for emergent conditions, to members of the LGBTQ+ community, and to access to reproductive health care at large.

Update: This rule was finalized on January 11, 2024 and became effective March 11, 2024.

Department of Veterans Affairs Notice of Proposed Rule Making on Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA), 11.23.22

The Center for Reproductive Rights submitted this Comment supporting the Department of Veterans Affairs’ Notice of Proposed Rulemaking which would eliminate cost-sharing for many types of contraception for enrollees of the CHAMPVA health care program. The Comment discusses contraception’s essential role in reproductive health care and the proposed rule’s importance in advancing access to affordable care. We also recommended that the Department strengthen the final rule, by eliminating cost-sharing for all contraceptives to ensure parity with private health plans.

Update: This rule was finalized on April 30, 2024, and became effective May 30, 2024.  

Department of Veterans Affairs Interim Final Rule on Reproductive Health Services, 10.11.22

The Center for Reproductive Rights submitted this Comment to the Department of Veterans Affairs in strong support of the Interim Final Rule (VA IFR) on Reproductive Health Services. Under the interim rule, the Department is able to use the Administrative Procedure Act’s good cause exception to advance access to abortion care by lifting the ban on abortion counseling and permitting abortion in the cases of rape, incest and to protect the life and health of the pregnant person. The rule also dramatically improves a previous medical benefits package for beneficiaries of the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA). Before the VA IFR, veterans had no access to abortion through the Department of Veterans Affairs (VA). The Center for Reproductive Rights encourages the Department to take further steps to lift the abortion ban in its entirety to ensure that all veterans have access to abortion services.

Update: This rule was finalized on March 4, 2024 and became effective April 3, 2024.

Department of Health and Human Services – Section 1557 Notice of Proposed Rule Making (NPRM), 10.03.22 

The Center for Reproductive Rights submitted this Comment in strong support of amendments to the Notice of Proposed Rulemaking on Nondiscrimination in Health Programs and Activities amending Section 1557 of the Affordable Care Act (ACA) issued by the Department of Health and Human Services. The Center also recommended that the Department go further to safeguard reproductive rights in health care. The proposed rule would advance Section 1557’s purpose of facilitating health care access, in particular reproductive health care, without discrimination. The Comment notes that the proposed rule would go far in repairing the damage done by the rule issued by the previous administration in 2020. The Center urged the Department to go further in protecting reproductive health care services, including abortion, contraception, fertility care and prenatal, birthing, and postpartum care and protecting the rights of communities disproportionately facing discrimination in health care systems.

Update: This rule was finalized on May 6, 2024, and was set to take effect July 5, 2024, but was blocked by a nationwide preliminary injunction on July 3, 2024.