HF 65

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; providing for the protection of 
  1.3             conscience and religious liberty in health care; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapters 62Q; and 145. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [62Q.125] [HEALTH CARE CONSCIENCE PROTECTION.] 
  1.8      Subdivision 1.  [POLICY.] It is the policy of the state to 
  1.9   recognize the free exercise of conscience and religious liberty 
  1.10  in matters of health and the provision of health care.  
  1.11     Subd. 2.  [REQUIREMENT.] If a health plan company does not 
  1.12  provide certain services or coverage on moral or religious 
  1.13  grounds, the health plan company must inform the enrollee in the 
  1.14  member handbook, subscriber contract, or certificate of coverage 
  1.15  of the restrictions imposed.  The health plan company must 
  1.16  ensure that the enrollee is able to exercise the enrollee's own 
  1.17  conscience and has access to the full range of legal medical 
  1.18  services.  At a minimum, the health plan company must refer the 
  1.19  enrollee to a provider that provides the denied services. 
  1.20     Subd. 3.  [CAUSE OF ACTION.] An enrollee injured by 
  1.21  violation of this section may bring an action against the health 
  1.22  plan company for compensatory damages, injunctive or other 
  1.23  equitable relief, attorney fees, and costs. 
  1.24     Sec. 2.  [145.4137] [HEALTH CARE CONSCIENCE PROTECTION.] 
  1.25     Subdivision 1.  [POLICY.] It is the policy of the state to 
  2.1   recognize the free exercise of conscience and religious liberty 
  2.2   in matters of health and the provision of health care. 
  2.3      Subd. 2.  [REQUIREMENT.] If a provider, as defined in 
  2.4   section 144.335, subdivision 1, paragraph (b), does not provide 
  2.5   certain services on moral or religious grounds, the provider 
  2.6   must inform the patient of the restrictions imposed.  The 
  2.7   provider must ensure that the patient is able to exercise the 
  2.8   patient's own conscience and has access to the full range of 
  2.9   legal medical services.  At a minimum, the provider must refer 
  2.10  the patient to a provider that provides the denied services. 
  2.11     Subd. 3.  [CAUSE OF ACTION.] A patient injured by violation 
  2.12  of this section may bring an action against the provider for 
  2.13  compensatory damages, injunctive or other equitable relief, 
  2.14  attorney fees, and costs.