2018-30233 Resolution RESOLUTION 2018-30233
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH FLORIDA, OPPOSING A RULE
PROPOSED BY THE U.S. DEPARTMENT OF HEALTH AND
HUMAN SERVICES, ENTITLED "PROTECTING STATUTORY
CONSCIENCE RIGHTS IN HEALTH CARE; DELEGATIONS OF
AUTHORITY" WHICH, AMONG OTHER THINGS, WOULD
BROADLY EXPAND OPPORTUNITIES FOR HEALTH CARE
WORKERS TO REFUSE TO PARTICIPATE IN CERTAIN
MEDICAL PROCEDURES ON THE BASIS OF A MORAL OR
RELIGIOUS OBJECTION; AND DIRECTING THE CITY
ATTORNEY TO TRANSMIT THIS RESOLUTION AND THE
COMMENTS SET FORTH HEREIN TO THE U.S. DEPARTMENT
OF HEALTH AND HUMAN SERVICES.
WHEREAS, the City of Miami Beach ("City") Human Rights Ordinance, codified in
Chapter 62 of the City Code, declares that "there is no greater danger to the health, morals
safety and welfare of the city and its inhabitants than the existence of prejudice against one
another and antagonistic to each other because of actual or perceived differences of race, color,
national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and
familial status, age, disability, ancestry, height, weight, domestic partner status, labor
organization membership, familial situation, or political affiliation"; and
WHEREAS, the Human Rights Ordinance also declares that "prejudice, intolerance,
bigotry and discrimination and disorder occasioned thereby threaten the rights and proper
privileges of its inhabitants and menace the very institutions, foundations and bedrock of a free,
democratic society"; and
WHEREAS, in view of this policy, the City's Human Rights Ordinance prohibits
discrimination in employment, public accommodations, housing, and public services, on the
basis of the classification categories identified above; and
WHEREAS, the City is a longstanding municipal leader in ensuring the civil rights of its
diverse and cosmopolitan population; and
WHEREAS, on January 28, 2018, the Office of Civil Rights ("OCR"), Office of Secretary
of Health and Human Services ("HHS") published a notice of proposed rule, entitled "Protecting
Statutory Conscience Rights in Health Care; Delegation of Authority" ("Proposed Rule"); and
WHEREAS, the Proposed Rule creates a new "Conscience and Religious Freedom
Division" in the HHS OCR; and
WHEREAS, the stated purpose of the Proposed Rule is to "protect the rights of persons,
entities, and health care entities to refuse to perform . . . health care services or research
activities to which they may object for religious, moral, ethical, or other reasons"; and
WHEREAS, the Proposed Rule authorizes HHS and, specifically, the OCR to protect
workers and penalize organizations that do not allow workers to express their religious and
moral objections; and
WHEREAS, the Proposed Rule will also allow providers and facilities to opt out of
providing counselling services, referring services in Medicaid and Medicare Advantage
programs, advance directives, Global Health Programs, and compulsory health programs, such
as immunization, hearing screening, occupational illness testing, and mental illness testing; and
WHEREAS, the Proposed Rule is estimated to impact somewhere between 364,640 to
571,412 entities, including public and private hospitals, specialty hospitals (substance abuse,
maternity, cancer), youth services, shelters, nursing and hospice facilities, offices of mental
health practitioners, and family planning centers; and
WHEREAS, the Proposed Rule may have far-reaching consequences and be used to
justify discrimination against the City's constituents, including women, members of the LGBTQ+
community, and persons living with HIV; as well as individuals seeking birth control
prescriptions, emergency contraception, lifesaving abortion, in-vitro fertilization (including for
unmarried patients, same-sex couples, and interracial couples), hormone therapy for
transgender or intersex patients, gender confirmation surgery, human papillomavirus ("HPV")
vaccines, counseling, mental health care or a reference for mental health services; and
WHEREAS, the City Commission of the City of Miami Beach respects the right of
individuals to freely practice their religion but opposes any measure that permits the use of
religion to perpetuate prejudice and authorize discrimination against others.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Commission hereby oppose the rule proposed by the U.S. Department of Health and Human
Services, entitled "Protecting Statutory Conscience Rights in Health Care; Delegations of
Authority" which, among other things, would broadly expand opportunities for health care
workers to refuse to participate in certain medical procedures on the basis of a moral or
religious objection; and direct the City Attorney to transmit this Resolution and the comments set
forth herein to the U.S. Department of Health and Human Services.
PASSED and ADOPTED this 7 day of 1114,r^G4 , 2018.
ATTEST:
E
a 3 i �. tp '" ... ,', 9 r Ge ser
Rafael Granado
City Clerk1
(Sponsored by Commissioner
TED:
f.9RI p8: 1
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"� FORM & LANGUAGE
& FOR EXECUTION
F:\ATTO\KALN\RESOLUTIONS\Oppose HHS Prose - 5
3
- S
City Attorney Date
Yv�
Cardillo, Lilia
From: Kallergis, Nick
Sent: Thursday, March 22, 2018 10:54 AM
To: Cardillo, Lilia
Subject: FW: [FR] Your comment on Protecting Statutory Conscience Rights in Health Care;
Delegations of Authority
From: My Federal Register [mailto:noreply@mail.federalregister.gov]
Sent: Friday, March 16, 2018 5:39 PM
To: Kallergis, Nick<NickKallergis@miamibeachfl.gov>
Subject: [FR] Your comment on Protecting Statutory Conscience Rights in Health Care; Delegations of Authority
ca ,
ERAL REGI TER
FED _ 5
The Daily Journal of the United States Government
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Below are details on the comment you submitted:
Protecting Statutory Conscience Rights in ealth Care;
Delegations ut rity
A Proposed Rule by the Department of Health and Human Services
Document URL
https://www.federalregister.gov/d/2018-01226
Published On
01/26/2018
Comment Submission Date
03/16/2018 at 05:34 pm
First Name
Raul
Last Name
Aguila
ZIP/Postal Code
33139
Email Address
nickkallergis(a�miamibeachfl.gov
Organization Name
City of Miami Beach
Comment
Attached please find Resolution No. 2018-30233 of the Mayor and City Commission of the City of
Miami Beach, Florida, adopted on March 7, 2018.
Uploaded Files
Resolution 2018-30233 (oppose HHS rule).pdf
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