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AR HB1628
Bill
Status
2/21/2017
Primary Sponsor
Brandt Smith
Click for details
AI Summary
HB1628 Summary: Healthcare Freedom of Conscience Act
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Adds a new subchapter (17-80-401 through 17-80-409) to Arkansas Code Title 17, Chapter 80 to protect healthcare providers, institutions, and payers who decline to participate in healthcare services that violate their religious, moral, or ethical beliefs.
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Healthcare providers have the right to refuse participation in healthcare services violating their conscience without civil, criminal, or administrative liability, and employers cannot discriminate against them except as reasonable accommodation or if the service is essential to a core job requirement with written certification.
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Healthcare institutions can refuse to provide services violating their conscience if they promptly inform patients and make reasonable efforts to transfer patients to other providers; institutions cannot be denied government aid or benefits for refusing services based on conscience.
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Healthcare payers can decline payment for services violating their conscience but must file annual conscience policies with the State Insurance Department listing specific services by billing code and provide copies to beneficiaries and the public.
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Violations allow civil actions for treble damages (minimum $5,000 per violation) plus attorney's fees and court costs; injunctive relief including reinstatement is available, and conscience protections do not authorize refusal of services based on patient identity or status.
Legislative Description
To Create The Healthcare Freedom Of Conscience Act.
Last Action
Recommended for study in the Interim by Joint Interim Committee on PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE- HOUSE
3/29/2017