2026-01435Notice

HHS Scraps Abortion Refusal Protections for Healthcare Workers

Published Date: 1/26/2026

Notice

Summary

The government is canceling a 2021 rule that protected healthcare workers’ rights to refuse participating in abortions. This change affects hospitals and clinics that get federal money, and it takes effect immediately. No new costs or deadlines are involved, but it signals a shift in how these protections are handled.

Analyzed Economic Effects

2 provisions identified: 0 benefits, 2 costs, 0 mixed.

Guidance Rescinded for Federally Funded Clinics

If your hospital or clinic receives federal funds, HHS has rescinded the "Guidance on Nondiscrimination Protections under the Church Amendments" that was issued September 17, 2021. The rescission is effective upon publication (January 26, 2026) and the notice states it creates no new costs or deadlines.

Conscience Protections Guidance Withdrawn

If you are a health care provider, HHS rescinded the 2021 guidance that reminded federally funded entities of nondiscrimination protections under the Church Amendments (42 U.S.C. 300a-7), including protections related to performing or objecting to abortions. The rescission is effective upon publication (January 26, 2026) and follows HHS determinations about the 2021 guidance's scope and legal bases.

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Key Dates

Published Date
1/26/2026

Department and Agencies

Department
Independent Agency
Agency
Health and Human Services Department
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