Minnesota
Senate File 2919, Health Care Conscience Protection (2003-2004)
Original
Section 1. [62Q.125] [Health Care Conscience Protection.]
Subdivision 1. [Policy.]
It is the policy of the state to recognize the free exercise of
conscience and religious liberty in matters of health and the provision of
health care.
Subd. 2. [Requirement.]
If a health plan company does not provide certain services or coverage on
moral or religious grounds, the health plan company must inform the enrollee
in the member handbook, subscriber contract, or certificate of coverage of
the restrictions imposed. The health plan company must ensure that the
enrollee is able to exercise the enrollee's own conscience and has access to
the full range of legal medical services. At a minimum, the health plan
company must refer the enrollee to a provider that provides the denied
services.
Subd. 3. [Cause of Action.]
An enrollee injured by violation of this section may bring an action
against the health plan company for compensatory damages, injunctive or
other equitable relief, attorney fees, and costs.
Sec. 2. [145.4137] [Health Care Conscience Protection.]
Subdivision 1. [Policy.]
It is the policy of the state to recognize the free exercise of
conscience and religious liberty in matters of health and the provision of
health care.
Subd. 2. [Requirement.]
If a provider, as defined in section 144.335, subdivision 1, paragraph
(b), does not provide certain services on moral or religious grounds, the
provider must inform the patient of the restrictions imposed. The provider
must ensure that the patient is able to exercise the patient's own
conscience and has access to the full range of legal medical services. At a
minimum, the provider must refer the patient to a provider that provides the
denied services.
Subd. 3. [Cause of Action.]
A patient injured by violation of this section may bring an action
against the provider for compensatory damages, injunctive or other equitable
relief, attorney fees, and costs.