New Mexico ‘Health Care Freedom of Conscience Act’ (HB 525)

HB 525 would allow health-care providers and institutions to refuse to participate in a health-care service that violates the conscience of the practitioner 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:

• Patient referral;
• Counseling;
• Therapy;
• Testing;
• Research;
• Instruction;
• Prescribing, dispensing, or administering of any drug, medication, or device;
• Surgery; or
• Other care of treatment provided by a health-care provider or institution.

The bill would prohibit a health-care provider from being held civilly, criminally, or administratively liable for declining to participate in a healthcare service that violates the provider’s conscience.

The bill would prohibit a person, public institution, private institution, or public official and others from discriminating against a health-care provider, institution, or payer in any manner based upon their refusal to participate or pay for a health-care service.

The bill would require health-care payers to file its conscience policies annually with the state, including any and all products, services, and procedures that the health-care payer will not make payment for reasons of conscience.

The bill clarifies that the right of conscience would not apply to withholding appropriate provision of health-care services or life-sustaining treatment to patients.

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Related Legislation

Based on model legislation drafted by Americans United for Life (AUL).

Similar to HB 608 and a provision found in HB 600.

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Latest Action

2/8/19 – Introduced.

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People

Organizations

• Americans United for Life — Drafted Model Law