
Culture & Conversation Abortion
This law was last updated on Oct 25, 2017
This law is Anti–Choice Anti–LGBTQ
HB 1628
Failed to Pass
Feb 21, 2017
Primary Sponsors: 1
Co-sponsors: 2
Total Sponsors: 3
HB 1628 would allow health-care providers and institutions to refuse to participate in a health-care service that violates the conscience of the provider or institution. The bill would also allow health-care payers to to decline to pay for a health-care service that violates the conscience of the health-care payer.
The bill defines “healthcare services” to mean a phase of patient medical care, treatment, or procedure, including:
Providers
The bill would grant a health-provider the right to not participate in a health-care service that violates his or her conscience. Such provider would not be required to participate in a health-care service that violates his or her conscience.
The bill prohibits a provider from being held civilly, criminally, or administratively liable for declining to participate in a healthcare service that violates his or her conscience.
The bill would prohibit a person, public institution, private institution, or public official from discriminating against a health-care provider in any manner based upon declining to provide or participate in such services.
However, the bill does not prohibit an employer or potential employer of a health-care provider from designating the participation in a health-care service as a fundamental requirement for a position by providing a written certification that the health-care service is directly related and essential to a core purpose of the employer.
Institutions
The bill would grant a health-care institution the right to not participate in a health-care service that violates the conscience of the healthcare institution. Such institution would not be required to participate in a health-care service that violates the conscience of the health-care institution.
The bill prohibits an institution from being held civilly, criminally, or administratively liable for declining to participate in a health-care service that violates the conscience of the health-care institution.
The bill would prohibit a person, public institution, private institution, or public official from discriminating against a health-care institution in any manner based upon declining to provide or participate in such services.
The bill would prohibit a person, public institution, private institution, or public official from denying any form of aid, assistance, grant, or benefit in any manner to coerce, disqualify, or discriminate against a health-care institution in any manner based upon declining to provide or participate in such services.
A health-care institution would be required to promptly inform the patient or an individual authorized to make health-care decisions for the patient that the health-care institution will not provide such services for reasons of conscience.
If a request for transfer is made by the patient, the institution would be required to make all reasonable efforts to assist in a prompt transfer of the patient and provide continuing care to the patient until a transfer can be made. If a transfer cannot be made, the health-care institution would not be compelled to provide or participate in a health-care service that violates the conscience of the health-care institution.
Payers
The bill would grant a health-care payer the right to decline to pay for a health-care service that violates the conscience of the health-care payer.
The bill would prohibit a payer from being required to pay or arrange for payment of a health-care service that violates the conscience of the health-care payer.
The bill would prohibit a payer from being held civilly, criminally, or administratively liable for declining to pay or arrange for payment of such services.
The bill would prohibit a person, public institution, private institution, or public official from discriminating against a health-care payer in any manner based upon declining to pay or arrange for payment of such services.
A health-care payer would be required to file its conscience policies annually with the State Insurance Department. The filing should include:
A copy of the filing would need to be provided annually to each beneficiary of the health-care payer and made available to the general public by posting the information on the website of the health-care payer.
The bill would prohibit a payer from using a conscience objection to refuse to contract with a health-care provider, health-care institution, or beneficiary; or refuse or reduce payments to such entities.
Life-Sustaining Treatment
The bill states that it does not “condone, authorize, or approve withholding appropriate provision of healthcare services or life-sustaining treatment to patients.”
Civil Remedies
The bill provides for civil action for damages or injunctive relief, or both, to be brought for a violation of this provision.
Related Legislation
Based on model legislation drafted by Americans United for Life (AUL).
Primary Sponsor
Co-sponsor