as introduced - 83rd Legislature (2003 - 2004) 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; 145. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. [62Q.675] [HEALTH CARE CONSCIENCE PROTECTION.] 1.8 Subdivision 1. [REQUIREMENT.] If a health plan company 1.9 does not provide certain services or coverage on moral or 1.10 religious grounds, the health plan company must inform the 1.11 insured or enrollee in the certificate of coverage or member 1.12 contract of the restrictions imposed. The health plan company 1.13 must ensure that insureds or enrollees are able to exercise 1.14 their own conscience and have access to the full range of legal 1.15 medical services. At a minimum, the health plan company must 1.16 refer an insured or enrollee to a provider that provides the 1.17 denied services. 1.18 Subd. 2. [CAUSE OF ACTION.] An insured or enrollee injured 1.19 by violation of this section may bring an action against the 1.20 health plan company for compensatory damages, injunctive or 1.21 other equitable relief, attorney fees, and costs. 1.22 Sec. 2. [145.4137] [HEALTH CARE CONSCIENCE PROTECTION.] 1.23 Subdivision 1. [REQUIREMENT.] If a provider, as defined in 1.24 section 144.335, subdivision 1, paragraph (b), does not provide 1.25 certain services on moral or religious grounds, the provider 2.1 must inform the patient of the restrictions imposed. The 2.2 provider must ensure that patients are able to exercise their 2.3 own conscience and have access to the full range of legal 2.4 medical services. At a minimum, the provider must refer a 2.5 patient to a provider that provides the denied services. 2.6 Subd. 2. [CAUSE OF ACTION.] A patient injured by violation 2.7 of this section may bring an action against the provider for 2.8 compensatory damages, injunctive or other equitable relief, 2.9 attorney fees, and costs.