Wyoming 2025 Regular Session

Wyoming House Bill HB0115 Compare Versions

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

Old	New	Differences
1	1	2025
2	2	STATE OF WYOMING
3	3	25LSO-03401HB0115
4	4	HOUSE BILL NO. HB0115
5	5	Medical Ethics Defense Act.
6	6	Sponsored by: Representative(s) Ottman, Schmid, Singh and
7	7	Styvar and Senator(s) Hutchings, Ide,
8	8	Pearson and Steinmetz
9	9	A BILL
10	10	for
11	11	1 AN ACT relating to public health and safety; allowing
12	12	2 health care providers, health care institutions and health
13	13	3 care payers the right to refuse to participate in or pay
14	14	4 for health care services as specified; authorizing
15	15	5 religious-based health care organizations to make decisions
16	16	6 consistent with religious beliefs; prohibiting
17	17	7 discrimination for making health care decisions based on
18	18	8 conscience; prohibiting adverse licensing actions based on
19	19	9 protected expressive activity; specifying liability and
20	20	10 damages for notice requirements; providing immunity;
21	21	11 providing definitions; specifying applicability; requiring
22	22	12 rulemaking; and providing for effective dates.
23	23	13
24	24	14
25	25	15 2025STATE OF WYOMING25LSO-03402HB01151. W.S. 35-34-101 through 35-34-106 are
26	26	2 created to read:
27	27	3
28	28	4 CHAPTER 34
29	29	5 MEDICAL ETHICS DEFENSE ACT
30	30	6
31	31	7
32	32	8
33	33	9 This chapter shall be known and may be cited as the
34	34	10 "Medical Ethics Defense Act."
35	35	11
36	36	12
37	37	13
38	38	14 (a) As used in this act:
39	39	15
40	40	16 (i) "Conscience" means the ethical, moral or
41	41	17 religious beliefs or principles held by any health care
42	42	18 provider, health care institution or health care payer. For
43	43	19 health care institutions and health care payers, conscience
44	44	20 shall be determined by reference to the health care
45	45	21 institution's or health care payer's governing documents,
46	46	22 including any published ethical, moral or religious
47	47	23 guidelines or directives, mission statements, 2025STATE OF WYOMING25LSO-03403HB0115
48	48	1 constitutions, articles of incorporation, bylaws, policies
49	49	2 or regulations;
50	50	3
51	51	4 (ii) "Discrimination" means an adverse action
52	52	5 against or the communication of a threat of adverse action
53	53	6 to any health care provider, health care institution or
54	54	7 health care payer as a result of a decision by the health
55	55	8 care provider, health care institution or health care payer
56	56	9 to decline to participate in or pay for any health care
57	57	10 service on the basis of the conscience of the health care
58	58	11 provider, health care institution or health care payer.
59	59	12 "Discrimination" shall not include:
60	60	13
61	61	14 (A) Declining to use, the refusal to use or
62	62	15 the purchase of health care services from a specific health
63	63	16 care provider, health care institution or health care payer
64	64	17 if that health care provider, health care institution or
65	65	18 health care payer exercises the right to refuse to
66	66	19 participate in or pay for health care services based on its
67	67	20 conscience;
68	68	21 2025STATE OF WYOMING25LSO-03404HB01151 (B) Good faith efforts to accommodate
69	69	2 conscientious objections of a health care provider, health
70	70	3 care institution or health care payer.
71	71	4
72	72	5 (iii) "Health care institution" means as defined
73	73	6 by W.S. 35-22-402(a)(x);
74	74	7
75	75	8 (iv) "Health care payer" means any employer,
76	76	9 health plan, health maintenance organization, insurance
77	77	10 company, management services corporation or any other
78	78	11 entity that pays for or arranges for the payment of any
79	79	12 health care service provided to any person, whether the
80	80	13 payment is made in whole or in part;
81	81	14
82	82	15 (v) "Health care provider" means any person who
83	83	16 may be or is asked to participate in any health care
84	84	17 service, including doctors, nurse practitioners, physician
85	85	18 assistants, nurses, nurse aides, allied health
86	86	19 professionals, medical assistants, hospital employees,
87	87	20 clinic employees, nursing home employees, pharmacists,
88	88	21 pharmacy technicians, pharmacy employees, medical school
89	89	22 faculty and students, nursing school faculty and students,
90	90	23 psychology and counseling faculty and students, medical 2025STATE OF WYOMING25LSO-03405HB0115
91	91	1 researchers, laboratory technicians, psychologists,
92	92	2 psychiatrists, counselors, mental health professionals,
93	93	3 social workers or any other person who facilitates or
94	94	4 participates in a health care service;
95	95	5
96	96	6 (vi) "Health care service" means medical care
97	97	7 provided to any person at any time over the course of
98	98	8 treatment, including testing, diagnosis, referral, the
99	99	9 prescribing, dispensing or administering of any drug,
100	100	10 medication or device, psychological therapy or counseling,
101	101	11 research, prognosis, therapy, record making or record
102	102	12 keeping, notes relating to treatment, the preparation for
103	103	13 or performance of a surgery or procedure or any other
104	104	14 medical care or service provided by any health care
105	105	15 provider;
106	106	16
107	107	17 (vii) "This act" means W.S. 35-34-101 through
108	108	18 35-34-106.
109	109	19
110	110	20
111	111	21
112	112	22 2025STATE OF WYOMING25LSO-03406HB01151 (a) Each health care provider, health care
113	113	2 institution and health care payer shall have the right to
114	114	3 refuse to participate in or pay for any health care service
115	115	4 that violates the health care provider's, health care
116	116	5 institution's or health care payer's conscience. The right
117	117	6 of conscience provided under this subsection shall:
118	118	7
119	119	8 (i) Be limited to a specific health care
120	120	9 service;
121	121	10
122	122	11 (ii) Not be construed to waive or modify any
123	123	12 duty a health care provider, health care institution or
124	124	13 health care payer has to provide or pay for health care
125	125	14 services that do not violate the health care provider's,
126	126	15 health care institution's or health care payer's
127	127	16 conscience;
128	128	17
129	129	18 (iii) Not be construed to waive or modify any
130	130	19 duty of a health care provider or health care institution
131	131	20 to provide other health care services or provide emergency
132	132	21 medical treatment under 42 U.S.C. § 1395dd.
133	133	22 2025STATE OF WYOMING25LSO-03407HB01151 (b) Notwithstanding any other provision of this act,
134	134	2 a religious health care provider, health care institution
135	135	3 or health care payer that holds itself out to the public as
136	136	4 religious, states in its governing documents that it has a
137	137	5 religious purpose or mission and has internal operating
138	138	6 policies and procedures that implement its religious
139	139	7 beliefs shall have the right to make employment, staffing,
140	140	8 contracting and admitting privilege decisions consistent
141	141	9 with its religious beliefs.
142	142	10
143	143	11 (c) No health care provider shall be scheduled for,
144	144	12 assigned or requested to directly or indirectly perform,
145	145	13 facilitate, refer for or participate in any abortion unless
146	146	14 the health care provider first affirmatively consents in
147	147	15 writing to perform, facilitate, refer for or participate in
148	148	16 the abortion.
149	149	17
150	150	18 (d) Each health care institution shall adopt internal
151	151	19 policies, programs, plans or procedures for each health
152	152	20 care provider employed, contracted or granted admitting
153	153	21 privileges by the health care institution for the health
154	154	22 care provider to exercise the right to refuse to
155	155	23 participate in a health care service based on the health 2025STATE OF WYOMING25LSO-03408HB0115
156	156	1 care provider's conscience as provided by subsection (a) of
157	157	2 this section.
158	158	3
159	159	4 (e) Each health care payer shall adopt internal
160	160	5 policies, programs, plans or procedures for:
161	161	6
162	162	7 (i) How the health care payer may exercise its
163	163	8 right to refuse to pay for a health care service based on
164	164	9 its conscience as provided by subsection (a) of this
165	165	10 section;
166	166	11
167	167	12 (ii) The resolution of conflicts arising between
168	168	13 a health care payer exercising the right to refuse to pay
169	169	14 for a health care service based on its conscience as
170	170	15 provided by subsection (a) of this section and a health
171	171	16 care institution or health care provider who provided the
172	172	17 health care service to the patient.
173	173	18
174	174	19 (f) A health care payer shall file and update the
175	175	20 conscience policies established under subsection (e) of
176	176	21 this section not less than annually with the state
177	177	22 insurance department by including a comprehensive list, by
178	178	23 billing code, of any products, services and procedures that 2025STATE OF WYOMING25LSO-03409HB0115
179	179	1 the health care payer will not pay or make payment for
180	180	2 based on its conscience. The annual filing shall be
181	181	3 submitted annually to each beneficiary of the health care
182	182	4 payer.
183	183	5
184	184	6 (g) A health care payer shall not refuse or reduce
185	185	7 payments based on its conscience to a health care provider,
186	186	8 health care institution or a beneficiary for any product,
187	187	9 service or procedure that is not included in the annual
188	188	10 filing required under subsection (f) of this section.
189	189	11
190	190	12
191	191	13
192	192	14
193	193	15 (a) No person or entity shall discriminate against
194	194	16 any health care provider, health care institution or health
195	195	17 care payer for exercising the right to refuse to
196	196	18 participate in or pay for health care services based on
197	197	19 conscience under this act.
198	198	20
199	199	21 (b) No person or entity shall discriminate against a
200	200	22 health care provider or health care institution for:
201	201	23 2025STATE OF WYOMING25LSO-034010HB01151 (i) Providing the health care provider's
202	202	2 employer, the department of health or the attorney general
203	203	3 of Wyoming information relating to any violation of or any
204	204	4 act or omission that the health care provider or health
205	205	5 care institution reasonably believes violates this act; or
206	206	6
207	207	7 (ii) Testifying, assisting, participating or
208	208	8 agreeing to testify, assist or participate in a proceeding
209	209	9 concerning a violation of this act.
210	210	10
211	211	11 (c) Unless the disclosure is specifically prohibited
212	212	12 by law, no health care provider shall be subject to
213	213	13 discrimination for disclosing any information that the
214	214	14 health care provider reasonably believes violates:
215	215	15
216	216	16 (i) Any federal or state law, rule or
217	217	17 regulation;
218	218	18
219	219	19 (ii) Any standard of care or other ethical
220	220	20 guidelines for the provision of any health care service; or
221	221	21
222	222	22 (iii) Gross mismanagement, a gross waste of
223	223	23 funds, an abuse of authority, practice or methods of 2025STATE OF WYOMING25LSO-034011HB0115
224	224	1 treatment that may place a patient's health at risk or a
225	225	2 substantial and specific danger to public health or safety.
226	226	3
227	227	4 (d) The department of health or a board, certifying
228	228	5 agency or licensing agency shall not reprimand, sanction or
229	229	6 revoke or threaten to revoke a license, certificate,
230	230	7 certification or registration of a health care provider for
231	231	8 engaging in speech or expressive activity protected by the
232	232	9 first amendment to the United States constitution unless
233	233	10 the department, board or agency demonstrates beyond a
234	234	11 reasonable doubt that the health care provider's speech was
235	235	12 the direct cause of physical harm to a person with whom the
236	236	13 health care provider had established a health care
237	237	14 provider-patient relationship within the immediately
238	238	15 preceding three (3) years before the incident of physical
239	239	16 harm.
240	240	17
241	241	18 (e) Not later than fourteen (14) days after receipt,
242	242	19 the department of health or any board, certifying agency or
243	243	20 licensing agency, as applicable to the health care
244	244	21 provider, shall provide a health care provider with notice
245	245	22 of any complaint or action to suspend or revoke the health
246	246	23 care provider's license, certificate, certification or 2025STATE OF WYOMING25LSO-034012HB0115
247	247	1 registration. The department or a board or agency that
248	248	2 fails to provide notice under this subsection shall be
249	249	3 liable for damages of five hundred dollars ($500.00) for
250	250	4 each full or partial week that the notice is not provided
251	251	5 to the health care provider. This subsection shall not
252	252	6 apply if notice of a complaint or action is required to be
253	253	7 provided within a shorter period of time under another
254	254	8 provision of law.
255	255	9
256	256	10
257	257	11
258	258	12
259	259	13 (a) No health care provider, health care institution
260	260	14 or health care payer shall be subject to civil or criminal
261	261	15 liability for exercising the right to refuse to participate
262	262	16 in or pay for any health care service based on the right of
263	263	17 conscience provided in W.S. 35-34-103(a).
264	264	18
265	265	19 (b) No health care institution shall be subject to
266	266	20 civil or criminal liability for a health care provider
267	267	21 employed, contracted or granted admitting privileges by the
268	268	22 health care institution for the health care provider
269	269	23 exercising the provider's right to refuse to participate in 2025STATE OF WYOMING25LSO-034013HB0115
270	270	1 a health care service based on the right of conscience
271	271	2 provided under W.S. 35-34-103(a).
272	272	3
273	273	4
274	274	5
275	275	6
276	276	7 A health care provider, health care institution or health
277	277	8 care payer may bring a civil action for damages or
278	278	9 injunctive relief, or both, in a court of competent
279	279	10 jurisdiction for any alleged violation of this act.
280	280	11
281	281	12.
282	282	13
283	283	14 (a) This act shall apply to health care services
284	284	15 provided, and health care payment obligations, that were
285	285	16 provided or arose on and after July 1, 2025.
286	286	17
287	287	18 (b) This act shall not be construed to supersede any
288	288	19 law of the state that is equally as protective of the
289	289	20 conscience or more protective of the conscience than this
290	290	21 act.
291	291	22 2025STATE OF WYOMING25LSO-034014HB01151The department of insurance and the
292	292	2 department of health shall promulgate all rules necessary
293	293	3 to implement this act.
294	294	4
295	295	5.
296	296	6
297	297	7 (a) Except as provided in subsection (b) of this
298	298	8 section, this act is effective July 1, 2025.
299	299	9
300	300	10 (b) Sections 3 and 4 of this act are effective
301	301	11 immediately upon completion of all acts necessary for a
302	302	12 bill to become law as provided by Article 4, Section 8 of
303	303	13 the Wyoming Constitution.
304	304	14
305	305	15 (END)