HHS Issues Guidance to Combat Religious Discrimination in Healthcare

The U.S. Department of Health and Human Services (HHS) has released a “Dear Colleague” letter emphasizing the responsibility of HHS-funded health and human service providers to uphold federal civil rights laws by preventing and addressing discrimination rooted in antisemitism, Islamophobia, and other biases based on religion, shared ancestry, or ethnicity.

Issued November 22 through the federal department’s Office for Civil Rights (OCR) and aimed at promoting awareness, compliance and consistency in the implementation of policies, the letter, like others of its kind, is not legally binding. Referencing prior guidance and outlining examples of prohibited discriminatory practices, the letter is intended to clarify policies or remind recipients of their obligations under the law.

“Antisemitism, Islamophobia and discrimination against anyone based on their actual or perceived religion or national origin can, directly and indirectly, harm patients and members of the public who count on HHS-funded programs and activities,” the letter states, adding that OCR is “committed to ensuring that health care entities and HHS-funded programs and activities fulfill their obligations to address discrimination.”

Highlighting its role in a broader federal initiative to combat antisemitism and Islamophobia, the letter references a September 2023 effort in which HHS, alongside seven other federal agencies, formally clarified for the first time that Title VI of the Civil Rights Act of 1964 prohibits discrimination based on shared ancestry or ethnic characteristics. This includes specific forms of antisemitism, Islamophobia, and related biases within federally funded programs and activities.

The letter further highlights the efforts of the Administration for Community Living (ACL), a federal agency established in 2012 to provide individuals with disabilities access to home and community-based services. It emphasizes ACL’s ongoing support for Holocaust survivors, ensuring they receive person-centered trauma care. Since 2015, the letter notes, ACL and the Center on Holocaust Survivor Care have assisted over 43,700 Holocaust survivors and provided training to more than 7,300 family caregivers.

The letter states that HHS has conducted listening sessions with Jewish and Muslim chaplains to address religious discrimination in healthcare settings. By broadening engagement with chaplains and leaders from various faiths, the letter explains, HHS aims to foster greater cultural and religious competence in healthcare, supported by multifaith partnerships.

The HHS letter also emphasizes that the federal Substance Abuse and Mental Health Services Administration continues to provide stakeholders with a toolkit of resources designed to support individuals and communities coping emotionally with the conflict in Gaza and beyond between Israel and Hamas.

The HHS letter outlines various examples of potential discrimination, such as a hospital accommodating a patient’s request to change physicians based on an assumption about the physician’s surname being associated with Judaism or Israel, a hospital denying staff or facility privileges to a medical resident due to their wearing of a religious head covering; and a healthcare or long-term care facility allowing patients to receive visits from family or friends but restricting visits from clergy, chaplains, ministers, faith leaders, or other spiritual support providers.

In a November 22 news statement, HHS encourages stakeholders and the public to file complaints if they believe they have experienced discrimination in programs or activities directly operated by HHS or funded through its federal financial assistance. The complaints may be filed via this link: https://www.hhs.gov/civil-rights/filing-a-complaint/index.html.

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