Bill Text: MS HB856 | 2012 | Regular Session | Introduced
Bill Title: MS Health Care Rights of Conscience Act; revise immunity.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-06 - Died In Committee [HB856 Detail]
Download: Mississippi-2012-HB856-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Judiciary A; Public Health and Human Services
By: Representative Monsour (By Request)
House Bill 856
AN ACT TO AMEND SECTIONS 41-107-5, 41-107-7 AND 41-107-9, MISSISSIPPI CODE OF 1972, TO REVISE IMMUNITY FROM LIABILITY IN THE MISSISSIPPI HEALTH CARE RIGHTS OF CONSCIENCE ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-107-5, Mississippi Code of 1972, is amended as follows:
41-107-5. (1) Rights of Conscience. A health care provider has the right not to participate, and no health care provider shall be required to participate in a health care service that violates his or her conscience. However, this subsection does not allow a health care provider to refuse to participate in a health care service regarding a patient because of the patient's race, color, national origin, ethnicity, sex, religion, creed or sexual orientation.
(2) Immunity from Liability. No health care provider shall be civilly, criminally or administratively liable for declining to participate in a health care service that violates his or her conscience. However, this subsection does not exempt a health care provider from liability for refusing to participate in a health care service regarding a patient because of the patient's race, color, national origin, ethnicity, sex, religion, creed or sexual orientation. This chapter may not be construed to authorize or immunize a health care provider's refusal to provide, a health care service the denial of which, in reasonable medical judgment, will result in or hasten the death of a patient and the provision of which is directed by the patient or a person authorized to make health-care decisions for the patient:
(a) On the basis of a view that treats extending the life of an elderly, disabled, or terminally ill individual as of lower value than extending the life of an individual who is younger, nondisabled, or not terminally ill; or
(b) On the basis of disagreement with how the patient or person authorized to make health-care decisions for the patient values the tradeoff between extending the length of the patient's life and the risk of disability.
(3) Discrimination. It shall be unlawful for any person, health care provider, health care institution, public or private institution, public official, or any board which certifies competency in medical specialties to discriminate against any health care provider in any manner based on his or her declining to participate in a health care service that violates his or her conscience. For purposes of this chapter, discrimination includes, but is not limited to: termination, transfer, refusal of staff privileges, refusal of board certification, adverse administrative action, demotion, loss of career specialty, reassignment to a different shift, reduction of wages or benefits, refusal to award any grant, contract, or other program, refusal to provide residency training opportunities, or any other penalty, disciplinary or retaliatory action.
SECTION 2. Section 41-107-7, Mississippi Code of 1972, is amended as follows:
41-107-7. (1) Rights of Conscience. A health care institution has the right not to participate, and no health care institution shall be required to participate in a health care service that violates its conscience. However, this subsection does not allow a health care institution to refuse to participate in a health care service regarding a patient because of the patient's race, color, national origin, ethnicity, sex, religion, creed or sexual orientation.
(2) Immunity from Liability. A health care institution that declines to provide or participate in a health care service that violates its conscience shall not be civilly, criminally or administratively liable if the institution provides a consent form to be signed by a patient before admission to the institution stating that it reserves the right to decline to provide or participate in a health care service that violates its conscience. However, this subsection does not exempt a health care institution from liability for refusing to participate in a health care service regarding a patient because of the patient's race, color, national origin, ethnicity, sex, religion, creed or sexual orientation. This chapter may not be construed to authorize or immunize a health care institution's refusal to provide, a health care service the denial of which, in reasonable medical judgment, will result in or hasten the death of a patient and the provision of which is directed by the patient or a person authorized to make health-care decisions for the patient:
(a) On the basis of a view that treats extending the life of an elderly, disabled, or terminally ill individual as of lower value than extending the life of an individual who is younger, nondisabled, or not terminally ill; or
(b) On the basis of disagreement with how the patient or person authorized to make health-care decisions for the patient values the tradeoff between extending the length of the patient's life and the risk of disability.
(3) Discrimination. It shall be unlawful for any person, public or private institution, or public official to discriminate against any health care institution, or any person, association, corporation, or other entity attempting to establish a new health care institution or operating an existing health care institution, in any manner, including, but not limited to, any denial, deprivation or disqualification with respect to licensure, any aid assistance, benefit or privilege, including staff privileges, or any authorization, including authorization to create, expand, improve, acquire, or affiliate or merge with any health care institution, because such health care institution, or person, association, or corporation planning, proposing, or operating a health care institution, declines to participate in a health care service which violates the health care institution's conscience.
(4) Denial of Aid or Benefit. It shall be unlawful for any public official, agency, institution, or entity to deny any form of aid, assistance, grants or benefits, or in any other manner to coerce, disqualify or discriminate against any person, association, corporation or other entity attempting to establish a new health care institution or operating an existing health care institution because the existing or proposed health care institution declines to participate in a health care service contrary to the health care institution's conscience.
SECTION 3. Section 41-107-9, Mississippi Code of 1972, is amended as follows:
41-107-9. (1) Rights of Conscience. A health care payer has the right to decline to pay, and no health care payer shall be required to pay for or arrange for the payment of a health care service that violates its conscience. However, this subsection does not allow a health care payer to decline to pay or arrange for the payment of a health care service regarding a patient because of the patient's race, color, national origin, ethnicity, sex, religion, creed or sexual orientation.
(2) Immunity from Liability. No health care payer and no person, association, corporation or other entity that owns, operates, supervises or manages a health care payer shall be civilly or criminally liable by reason of the health care payer's declining to pay for or arrange for the payment of a health care service that violates its conscience. However, this subsection does not exempt from liability a health care payer, or the owner, operator, supervisor or manager of a health care payer, for declining to pay or arranging for the payment of a health care service regarding a patient because of the patient's race, color, national origin, ethnicity, sex, religion, creed or sexual orientation. This chapter may not be construed to authorize or immunize a health care payer's refusal to pay or arrange for payment for, a health care service the denial of which, in reasonable medical judgment, will result in or hasten the death of a patient and the provision of which is directed by the patient or a person authorized to make health-care decisions for the patient:
(a) On the basis of a view that treats extending the life of an elderly, disabled, or terminally ill individual as of lower value than extending the life of an individual who is younger, nondisabled, or not terminally ill; or
(b) On the basis of disagreement with how the patient or person authorized to make health-care decisions for the patient values the tradeoff between extending the length of the patient's life and the risk of disability.
(3) Discrimination. It shall be unlawful for any person, public or private institution, or public official to discriminate against any health care payer, or any person, association, corporation, or other entity (a) attempting to establish a new health care payer, or (b) operating an existing health care payer, in any manner, including, but not limited to, any denial, deprivation, or disqualification with respect to licensure, aid, assistance, benefit, privilege or authorization, including, but not limited to, any authorization to create, expand, improve, acquire, affiliate or merge with any health care payer, because a health care payer, or a person, association, corporation or other entity planning, proposing or operating a health care payer declines to pay for or arrange for the payment of any health care service that violates its conscience.
(4) Denial of Aid or Benefits. It shall be unlawful for any public official, agency, institution or entity to deny any form of aid, assistance, grants, or benefits or in any other manner coerce, disqualify or discriminate against any health care payer, or any person, association, corporation or other entity attempting to establish a new health care payer or operating an existing health care payer because the existing or proposed health care payer declines to pay for, or arrange for the payment of, any health care service that is contrary to its conscience.
SECTION 4. This act shall take effect and be in force from and after July 1, 2012.
