Bill Text: CT SB00939 | 2017 | General Assembly | Introduced

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Bill Title: An Act Concerning A Patient's Right To Know.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2017-03-13 - Public Hearing 03/20 [SB00939 Detail]

Download: Connecticut-2017-SB00939-Introduced.html

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General Assembly		Raised Bill No. 939
January Session, 2017		LCO No. 4579
		*04579_______PH_*
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)

AN ACT CONCERNING A PATIENT'S RIGHT TO KNOW.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2017) (a) As used in this section and sections 2 to 7, inclusive, of this act:

(1) "Clinical privileges" means the authority to provide health care services at and membership on the medical staff of a health care entity, which authority is granted by the health care entity to a physician or other licensed health care practitioner.

(2) "Enrollee" means a person who has contracted for or who participates in a health carrier's health care plan for such enrollee or such enrollee's eligible dependents.

(3) "Health care entity" means (A) a hospital, or (B) an entity (i) where health care services are provided, and (ii) that follows a formal peer review process to ensure the quality of such health care services.

(4) "Health care service" means an inpatient hospital service, an extended care facility service, an outpatient nursing, diagnostic, therapeutic, surgical or medical service, any service provided by a physician or licensed health care practitioner, or any duty performed by a private duty nurse or private duty attendant.

(5) "Hospital" means a facility licensed as a hospital under chapter 368v of the general statutes or the law of any other state or a facility operated as a hospital by the United States, a state or a political subdivision of a state.

(6) "Licensed health care practitioner" means an individual who is licensed to provide health care services in the state.

(7) "On religious grounds" means on grounds that are contrary to the religious beliefs of a licensed health care practitioner or physician or a health care entity.

(8) "Physician" means a physician licensed under chapter 370 of the general statutes or a dentist licensed under chapter 379 of the general statutes.

(9) "Religious beliefs" means any set of philosophical, moral, ethical or religious guidelines, decrees, directives or other instructions determining patient care that is not based on legal, peer-reviewed or scientifically accepted standards of health care and may be imposed by a health care entity on a physician or other licensed health care practitioner through employment or clinical privileges.

(10) "Health carrier" has the same meaning as provided in subdivision (25) of section 38a-591a of the general statutes.

(11) "Undue delay" means an unreasonable delay that impairs a patient's health.

Sec. 2. (NEW) (Effective July 1, 2017) Not later than January 1, 2018, every health care entity in the state shall adopt written protocols regarding access to health care and health care information by a patient to ensure that an objection by the health care entity to the provision of a certain health care service to a patient on religious grounds does not impair a patient's health. Such written protocols shall contain an explanation as to how any objection on religious grounds to the provision of a certain health care service will be addressed by the health care entity in a timely manner in order to facilitate the provision of the health care service to a patient. Such written protocols shall, at a minimum, include the following requirements:

(1) The health care entity or a physician or other licensed health care practitioner with clinical privileges at the health care entity shall inform a patient of the patient's condition, prognosis, all legal treatment options and the risks and benefits of such options in a timely manner that is consistent with generally accepted medical standards.

(2) When the health care entity or physician or other licensed health care practitioner with clinical privileges at the health care entity objects on religious grounds to providing or participating in a certain health care service that a patient requested, the entity shall (A) provide the health care service to the patient at its facility through a physician or other licensed health care practitioner who does not object on religious grounds, or (B) notify the patient that the health care service will not be provided at the health care entity.

(3) Upon the request of a patient or a patient's legal representative, the health care entity, physician or other licensed health care practitioner who objected to providing or participating in a certain health care service on religious grounds shall refer or transfer the patient to or provide written information to the patient about another health care entity, physician or licensed health care practitioner that such entity, physician or practitioner reasonably believes may offer the requested health care service.

(4) Upon the request of a patient or a patient's legal representative, the health care entity or physician or other licensed health care practitioner with clinical privileges at the health care entity shall provide copies of the patient's medical records without undue delay to the patient, the patient's legal representative or another licensed health care practitioner designated by the patient in accordance with state law.

Sec. 3. (NEW) (Effective July 1, 2017) Not later than January 1, 2018, any health care entity that does not provide a certain health care service on religious grounds shall post a notice of a patient's right to health care information in a conspicuous public location at all of the health care entity's facilities. The notice shall state the following:

(1) The health care entity will not provide certain health care services that are contrary to the entity's religious beliefs.

(2) Every patient has the right to be informed by a licensed health care practitioner of every health care service relevant to the patient's treatment pursuant to generally accepted medical standards that will not be provided at the health care entity on religious grounds.

(3) Every patient has the right to (A) request a health care service even if the health care entity or physician or other licensed health care practitioner with privileges at the health care entity will not provide or participate in such health care service on religious grounds, and (B) (i) receive the health care service at the health care entity from a licensed health care practitioner who does not object on religious grounds, or (ii) be notified that the health care service will not be provided at the health care entity and request a referral or transfer to or written information about other licensed health care practitioners who may offer the requested health care service.

Sec. 4. (NEW) (Effective July 1, 2017) Not later than January 1, 2018, any health care entity that employs more than five physicians or other licensed health care practitioners who do not provide a certain health care service on religious grounds shall:

(1) Develop written documentation that describes the health care services that the health care entity will not provide to patients on religious grounds in language that is easily understood by the general public.

(2) Prior to initiating treatment of a patient or, in the case of an emergency, as soon as the patient is able or the patient's legal representative is available after the initiation of treatment, the health care entity shall provide the documentation developed under subdivision (1) of this section to the patient and require the patient or the patient's legal representative to acknowledge receipt of the documentation.

(3) Provide the documentation developed under subdivision (1) of this section to (A) all health carriers from which the health care entity seeks and accepts payments, (B) the Department of Public Health, and (C) any person who requests such documentation.

(4) Provide the documentation developed under subdivision (1) of this section when applying for any state grant relating to the provision of any kind of health care service.

(5) Prominently list on each Internet web site of the health care entity every health care service that will not be provided to patients on religious grounds.

Sec. 5. (NEW) (Effective July 1, 2017) Not later than February 1, 2018, every health carrier shall (1) provide its enrollees with a list of every health care entity within its network of providers that does not provide or participate in a certain health care service on religious grounds, (2) provide its enrollees with a list of the health care services that will not be provided by each health care entity included in the list provided under subdivision (1) of this section, and (3) post the lists provided under subdivisions (1) and (2) of this section on the health carrier's Internet web site.

Sec. 6. (NEW) (Effective July 1, 2017) Nothing in sections 2 to 5 of this act shall be construed to relieve a health care entity, physician or other licensed health care practitioner from the legal obligation of such entity, physician or practitioner to provide emergency medical care.

Sec. 7. (NEW (Effective July 1, 2017) Not later than January 1, 2018, every health care entity that does not provide a health care service on religious grounds shall provide to the Department of Social Services a list of those health care services that it does not provide on religious grounds.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2017	New section
Sec. 2	July 1, 2017	New section
Sec. 3	July 1, 2017	New section
Sec. 4	July 1, 2017	New section
Sec. 5	July 1, 2017	New section
Sec. 6	July 1, 2017	New section
Sec. 7	July 1, 2017	New section

Statement of Purpose:

To ensure that every patient knows his or her options when a health care entity refuses to provide a health care service on religious grounds.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]