RELIG. LIBERTY/CONSCIENCE PROTECTION                                               S.B. 975 (S-2):

                                                                                                      FLOOR SUMMARY

Senate Bill 975 (Substitute S-2 as reported)

Sponsor:  Senator John Moolenaar

Committee:  Health Policy

CONTENT

The bill would create the "Religious Liberty and Conscience Protection Act" to do the following:

-- Allow a health facility to assert as a matter of conscience an objection to participating in a health care service, and decline to participate in that service.

-- Allow a health care payer to decline to pay for, or offer a contract, policy, or product that facilitated payment for, a health care service that violated the payer's conscience.

-- Require an employer that employed, contracted with, or granted privileges to a health provider to adopt and implement a policy to address situations in which a health provider had an objection to participating in a health care service as a matter of conscience.

-- Require a university, college, or educational institution where education and training regarding the provision of a health care service was conducted to adopt a similar policy applicable to its students, faculty, and staff members.

-- Prohibit a university, college, or educational institution from refusing admission to an individual or penalizing a student or member of its faculty or staff for expressing a conscientious objection or requesting an accommodation to avoid participating in a health care service.

-- Protect a facility, payer, or provider who asserted an objection or requested reasonable accommodation from civil, criminal, and administrative liability and licensure action.

-- Prohibit discrimination against a facility or payer that asserted an objection, or a provider who requested reasonable accommodation.

-- Allow a provider to bring a civil action if he or she were discriminated against as a result of his or her request for reasonable accommodation.

-- Prescribe a civil infraction fine of up to $1,000 per day or per occurrence for a violation of the proposed Act.

The required policies would have to be adopted and implemented within six months after the bill took effect.

Legislative Analyst:  Julie Cassidy

FISCAL IMPACT

The bill would have no fiscal impact on the Department of Licensing and Regulatory Affairs.  Any revenue collected under the civil fines established in the bill would benefit public libraries.

Date Completed:  12-3-12                                                     Fiscal Analyst:  Josh Sefton

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.