Florida 2022 Regular Session

Florida House Bill H0747 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to protections of medical conscience; 2
16	16	creating s. 381.00321, F.S.; providing a short title; 3
17	17	providing legislative findings and intent; providing 4
18	18	definitions; providing that health care providers and 5
19	19	health care payers have the right to not participate 6
20	20	in or pay for any health care services that violate 7
21	21	their consciences; providing that such providers and 8
22	22	payers have a right to make certain decision s 9
23	23	consistent with their religious beliefs under certain 10
24	24	circumstances; prohibiting a person from taking or 11
25	25	threatening to take adverse action against such 12
26	26	providers and payers for specified actions; providing 13
27	27	for civil remedies and damages; providing immun ity 14
28	28	from civil, criminal, and administrative liability for 15
29	29	such providers and payers under certain circumstances; 16
30	30	providing an effective date. 17
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32	32	Be It Enacted by the Legislature of the State of Florida: 19
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34	34	Section 1. Section 381.00321, Florida Statute s, is created 21
35	35	to read: 22
36	36	381.00321 Rights of conscience of health care providers 23
37	37	and health care payers. — 24
38	38	(1) SHORT TITLE.—This section may be cited as the 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	"Healthcare Ethics and Liberty Protection Act." 26
52	52	(2) LEGISLATIVE FINDINGS AND INTENT. — 27
53	53	(a) The Legislature finds that the right of conscience is 28
54	54	a fundamental and inalienable right. Threats to the right of 29
55	55	conscience of health care providers and health care payers have 30
56	56	become increasingly common and severe in recent years. The swift 31
57	57	pace of scientific advancement, the expansion of medical 32
58	58	capabilities, and with the mistaken notion that health care 33
59	59	providers and health care payers are mere public utilities, 34
60	60	promise to make the crisis worse unless action is taken to 35
61	61	restore conscience to its rightful p lace. As patient autonomy to 36
62	62	decline a health care service must be respected, health care 37
63	63	providers and health care payers must have the right to decline 38
64	64	participating in or paying for specific, nonemergency services 39
65	65	that violate their consciences. 40
66	66	(b) A health care provider or health care payer should not 41
67	67	be compelled to participate in or pay for any health care 42
68	68	service that the provider or payer objects to on the basis of 43
69	69	conscience. 44
70	70	(3) DEFINITIONS.—As used in this section, the term: 45
71	71	(a) "Conscience" means the religious, moral, or ethical 46
72	72	beliefs or principles held by a health care provider or health 47
73	73	care payer. 48
74	74	(b) "Health care payer" means a health insurer that pays 49
75	75	for, or arranges for, the payment of a health care service 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	provided to a patient , whether such payment is made in whole or 51
89	89	in part. 52
90	90	(c) "Health care provider" means a health care provider as 53
91	91	defined in s. 768.381(1)(f) or a student of a health care 54
92	92	education program. 55
93	93	(d) "Health care service" means inpatient or outpatient 56
94	94	tests or treatments of a human disease, condition, or 57
95	95	dysfunction or medical or other health care -related research. 58
96	96	(e) "Health insurer" means an authorized insurer offering 59
97	97	health insurance as defined in s. 624.603 for individual or 60
98	98	group coverage, a health mai ntenance organization as defined in 61
99	99	s. 641.19(12) issuing coverage through an individual or group 62
100	100	contract, or a self-insurance plan as defined in 624.031. 63
101	101	(f) "Participate" means to take part in any way in 64
102	102	providing a health care service or any part of such service. 65
103	103	(4) RIGHTS OF CONSCIENCE. — 66
104	104	(a) A health care provider or health care payer has the 67
105	105	right not to participate in or pay for any specific health care 68
106	106	service that violates the provider's or payer's conscience. 69
107	107	(b) A health care provider th at is a business entity, or a 70
108	108	health care payer that holds itself out to the public as 71
109	109	religious, and states in its governing documents that it has a 72
110	110	religious purpose or mission and has internal operating policies 73
111	111	or procedures that implement such purpose or mission, has the 74
112	112	right to make employment, staffing, contracting, and 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	credentialing decisions consistent with the provider's or 76
126	126	payer's religious beliefs. 77
127	127	(5) VIOLATIONS AND CIVIL REMEDIES. — 78
128	128	(a) A person may not take or threaten to take adverse 79
129	129	action against a health care provider or health care payer for: 80
130	130	1. Declining to participate in a health care service on 81
131	131	the basis of conscience. 82
132	132	2. Disclosing information to an appropriate governmental 83
133	133	agency that the health care provider or health care p ayer 84
134	134	reasonably believes is evidence of an employer's: 85
135	135	a. Violation of this section; 86
136	136	b. Violation of any law, rule, or regulation; 87
137	137	c. Violation of any standard of care or other ethical 88
138	138	guidelines for the provision of any health care service; or 89
139	139	d. Gross mismanagement, gross waste of funds, abuse of 90
140	140	authority, or any action that is a substantial and specific 91
141	141	danger to public health or safety. 92
142	142	(b) A health care provider or health care payer that 93
143	143	establishes a violation of this section has a civil ca use of 94
144	144	action for treble damages, an injunction, or any other 95
145	145	appropriate relief in law or equity. Injunctive relief includes, 96
146	146	but is not limited to, reinstatement of a health care provider 97
147	147	or health care payer to a previous position, reinstatement of 98
148	148	board certification, and relicensure. Such damages are 99
149	149	cumulative and may not be limited by any other remedies that may 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	be available under any other law. A prevailing plaintiff is 101
163	163	entitled to recover reasonable attorney fees and court costs. 102
164	164	Any additional burden or expense incurred by another health care 103
165	165	provider or health care payer arising from the exercise of the 104
166	166	right of conscience is not a defense to a violation of this 105
167	167	section. 106
168	168	(6) IMMUNITY FROM LIABILITY .—Health care providers and 107
169	169	health care payers a re immune from civil, criminal, or 108
170	170	administrative liability for exercising the right of conscience 109
171	171	with respect to a health care service. A health care provider or 110
172	172	health care payer that is a business entity is immune from 111
173	173	civil, criminal, or administrativ e liability for any claims 112
174	174	related to or arising out of the exercise of the right of 113
175	175	conscience by a person employed, contracted, or credentialed by 114
176	176	such provider or payer. 115
177	177	Section 2. This act shall take effect July 1, 2022. 116