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.

Department of Health and Human Services – Draft USCDI+ Maternal Health Dataset, 07.31.24

The Center for Reproductive rights submitted a comment to the Office of the National Coordinator for Health Information Technology (ONC) on the draft USCDI+ Maternal Health Dataset, which is a model set of data elements for collecting maternal health information. The comment provided feedback on the terms and classes suggested by ONC and also suggested additional terms and classes for ONC to include in the dataset, particularly to analyze social determinants of health and facilitate wraparound services.

Department of Health and Human Services – Notice of Proposed Rulemaking on Hospital Inpatient Prospective Payment Systems, 06.10.24

The Center submitted a comment on this proposed rule highlighting the importance of using a human rights-framed and patient-centered approach to creating national obstetrical standards. The comment commended the Department for its efforts to address the maternal health crisis, especially noting the impact on Black and Indigenous communities. The comment also highlighted the importance of informed consent and non-discrimination in health care settings.

Update: This rule was finalized on August 28, 2024; effective dates range by section, and all sections become effective by Jan. 1, 2025.

Department of State – Notice of Proposed Rulemaking on Nondiscrimination in Foreign Assistance, 03.19.24

The Center for Reproductive Rights submitted these companion comments commending the State Department’s proposed rules on non-discrimination in service delivery and employment. The proposal would create broad non-discrimination protections—including on the basis of sexual orientation, gender identity, and sex characteristics—across all its grants, cooperative agreements, and contracts. The Center also signed on to a coalition letter supporting the rules.

Indian Health Service – Notice of Proposed Rulemaking on Removal of Outdated Regulations, 03.08.24

The Center for Reproductive Right organized a comment letter in support of the proposal to remove regulatory language enforcing previous versions of the Hyde Amendment within the Indian Health Service (“IHS”). The Hyde Amendment is a racist and discriminatory appropriations rider that prohibits most abortion care in federal programs, including the IHS. The comment applauds the IHS for acting to reduce confusion around implementation of the Hyde Amendment, and notes that implementation efforts should ensure access to abortion care that is permitted under the current version of Hyde, such as instances of rape, incest, or life endangerment.

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

Department of Health and Human Services – Notice of Proposed Rulemaking on 21st Century Cures Act: Establishment of Disincentives for Health Care Providers That Have Committed Information Blocking, 12.22.23

The Center for Reproductive Rights submitted a comment recommending that the Department of Health and Human Services (“HHS”) consider the uniquely sensitive nature of reproductive health data when mandating providers to share personal health information. The Center proposed modifications that would protect people seeking care, as well as health care providers acting in good faith out of the best interests of their patients. Specifically, the comment recommends that HHS: clearly explain the interplay between the proposed rule and privacy laws, especially the HIPAA Privacy Rule for Reproductive Health; expressly implement a “good faith” exception allowing providers to withhold reproductive health information; clearly define the “knowingly” standard of and the “necessary and reasonable” exceptions to the rule; and incorporate a separate appeals process for providers who are deemed to have violated the rule.

Update: This rule was finalized on July 1, 2024 and became effective July 31, 2024.  

Department of Health and Human Services – Notice of Proposed Rulemaking on Nondiscrimination on the Basis of Disability in Health and Human Services Programs or Activities, 11.13.23

The Center for Reproductive Rights signed onto a comment letter expressing strong support for the proposed rule prohibiting disability discrimination in health programs. The letter provides context regarding the long overdue nature of the rule, which is sorely needed to clarify and strengthen protections against the pervasive health care discrimination disabled people experience, especially disabled women and gender-expansive people of color. The letter also urges the Department of Health and Human Services (“HHS”) to make specific edits to the rule that align with the current standard of care and disabled people’s lived experiences when accessing care such as abortion, contraception, assisted reproduction, and gender-affirming care.

Update: This rule was finalized on May 9, 2024, and became effective July 8, 2024.

Federal Trade Commission – Draft Merger Guidelines, 09.18.23

The Center for Reproductive Rights signed onto a comment letter urging the Federal Trade Commission and Department of Justice to take a broad approach to the adoption and application merger guidelines to maximize their ability to protect consumers from the potential harmful effects of mergers. The letter highlights the reality that mergers between health systems, particularly those that bring together religiously affiliated and secular systems, may reduce or eliminate certain vital medical services; the affected services include contraception, abortion, fertility health care, transgender health care, medically appropriate treatment of pregnancy complications (such as miscarriages and ectopic pregnancies), and end‐of‐life care.