health care providers; civil
rights
HB 2564 establishes rights for health care providers, institutions and payers to deny patient requests for services or assignment based upon religious, moral, philosophical or ethical convictions. HB 2564 requires that no patient request or assignment be denied without proper notification.
HB 2564 is a result of model legislation drafted by the national, public-interest law firm Americans United for Life. The bill provides civil rights for physicians, nurses, public/private hospitals, public/private institutions, pharmacists, nurses’ aides, nursing homes and other health care providers and entities.
· Defines “Health Care Institution”, “Health Care Payer”, “Health Care Provider”, “Health Care Service” and “Religious, Moral, Philosophical or Ethical Convictions”
· Expands the rights of health care providers, institutions and payers not to counsel, advise, pay for, provide, perform, assist or participate, directly or indirectly in any health care service that violates a health care provider or the health care entity’s policies regarding religious, moral, philosophical or ethical convictions.
· Eliminates civil, criminal or administrative liability of health providers for any refusal to counsel, advise, pay for, provide, perform, assist or participate, directly or indirectly if either:
1. Prior to the request or assignment, notification or written notification, if asked, certifying refusal of service is made to the person making the request or assignment.
2. Notification of refusal of service is given to the person making the request or assignment within twenty-four hours after being asked or assigned.
· Eliminates civil, criminal or administrative liability of health institutions for any refusal to counsel, advise, pay for, provide, perform, assist or participate, directly or indirectly if either:
1. Notice is posted of the refusal policy of the institution in any admission area prior to the request or assignment.
2. Notification was given to the person requesting health service of the refusal to provide service within twenty-four hours after being asked or assigned.
· Eliminates civil and criminal liability of health care payers, including managers and employees, for refusing to pay or arrange for payment of any form of health care service that violates the health care payer’s conscience as documented in the payer’s guidelines, governing documents or mission statement.
· Makes it unlawful for any person, health care provider, health care institution, public or private institution, public official or national certifying board to discriminate against any health care provider for refusal to participate in health care service. Defines discrimination.
· Requires all health care institutions to post a conspicuous notice within 30 days of the effective date of the article containing the following information:
1. Provisions of state law that allows health care providers to refuse service
2. Explanation of exemptions from liability
3. Notification requirements of health care providers to patients
4. Health providers protection from discrimination
5. Definition of health care provider
6. Fines for failing to post notification
Institutions must also include this information in their policy manuals within 30 days of the effective date.
· Makes health care providers, institutions and payers subject to a civil penalty punishable for up to three times the actual damages, including pain and suffering, and reasonable attorney fees for each violation of the section. In no case shall recovery be less than $5,000 for each violation in addition to the costs of the action and reasonable attorney fees.
· The court may provide injunctive relief including ordering reinstatement of a health provider to the prior job position.
· Explanation of purpose.