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Michigan House Bill 6336
Check the status of this bill at the Michigan Legislature

Related Links
HB 5158

Introduction:
The bill was proposed by Rep. Hummel on 18 September, 2002, and referred to the Committee on Insurance and Financial Services.

HOUSE BILL No. 6336

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406r.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

SEC. 3406R. (1) Notwithstanding any othe provision of law, a health maintenance organization and a health insurer may refuse to offer or provide a health care benefit that violates its conscience on an ethical, moral, or religious ground.

(2) A health maintenance organization and a health insurer shall not refuse to offer or provide a health care benefit under subsection (1) if the benefit is specifically covered under the contract, policy or certificate.

(3) A health maintenance organization and a health insurer's refusal to offer or provide a health care benefit under subsection (1) shall not be a basis for 1 or more of the following:

(A) Civil, criminal or administrative liability.

(B) Eligibility discrimination against the health maintenance organization or health insurer in providing a contract, policy, or certificate where offering or providing the health care benefit is not expressly required as a condition of eligibility.

Michigan House Bill 6326
Check the status of this bill at the Michigan Legislature

Related Links
HB5158

Introduction:
The bill was proposed by Rep. Hummel on 17, 2002, and referred to the Committee on Insurance and Financial Services.

HOUSE BILL No. 6326

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 409a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 SEC. 409A. (1) Notwithstanding any other provision of law, a health care corporation may refuse to offer or provide a health care benefit that violates its conscience on an ethical, moral or religious ground.

(2) A health care corporation shall not refuse to offer or provide a health care benefit under subsection (1) if the benefit is specifically covered under the certificate.

(3) A health care corporation's refusal to offer or provide a health care benefit under subsection (1) shall not be a basis for 1 or more of the following:

(A) Civil, criminal, or administrative liability.

(B) Eligibility discrimination against the health care corporation in providing a certificate where offering or providing the health care benefit is not expressly required as a condition of eligibility.

Michigan House Bill 5006
Check the status of this bill at the Michigan Legislature

Related Links
HB5158

Testimony of
Michael J. O'Dea

House Bill 5006

July 17, 2003
Introduced by Reps. Richardville, Hummel, Milosch, Garfield, Vander Veen, Spade, Mortimer, Pastor, Palmer, Kooiman, Gaffney, Gleason, Bradstreet, Casperson, Pappageorge, Bisbee, Caswell, Huizenga, Rocca, Voorhees, Shaffer, Farhat, O'Neil, Paletko, Drolet, Meyer, Hoogendyk, Acciavatti, Stahl, Steil, Koetje, DeRossett, Ward, Sak, Sheen, Brandenburg, LaJoy, Robertson and Nofs and

As Passed House, April 21, 2004.

SUBSTITUTE FOR HOUSE BILL NO. 5006 (As amended April 21, 2004)

A bill to provide standards for personnel policies to protect the right of conscience of health care providers who conscientiously object to providing or participating in certain health care services under certain circumstances; to provide for protection from certain liability; and to provide for penalties and remedies.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1.
This act shall be known and may be cited as the "conscientious objector policy act". Sec. 3. As used in this act

(a) "Contraceptive medication" means a medication approved for the prevention of pregnancy that is taken or used in advance of sexual intercourse.

(b) "Health care provider" means a person licensed orregistered under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, a student of a health facility, or another person who is employed by or under contract to a health facility and directly participates in the provision of a health care service. Health care provider does not include a sanitarian or a veterinarian.

(c) "Health care service" means the provision or withdrawal of, or research or experimentation involving, a medical diagnosis, treatment, procedure, diagnostic test, device, medication, drug, or other substance intended to affect the physical or mental condition of an individual. Health care service does not include the provision of a contraceptive medication.

(d) "Health facility" means any of the following:

(i) A clinical laboratory.
(ii) A county medical care facility.
(iii) A freestanding surgical outpatient facility.
(iv) A home for the aged.
(v) A hospital.
(vi) A nursing home.
(vii) A hospice.
(viii) A hospice residence.
(ix) A facility or agency listed in subparagraphs (i) to (vi) located in a university, college, or other educational institution.
(x) A private physician's office.
(xi) A medical clinic.
(xii) A public or private institution that provides health care services to an individual.
(xiii) A teaching institution that provides health care services to an individual.
(xiv) A pharmacy that provides health care services to an individual.
(xv) A corporation, partnership, sole proprietorship, limited liability company, or other legal entity that provides health care services to an individual.

(e) "Medical director" means that term as defined in section 20906 of the public health code, 1978 PA 368, MCL 333.20906.

(f) "Participate" or "participating" means, at a minimum, to counsel, refer, perform, administer, prescribe, dispense, treat, withhold, withdraw, diagnose, test, evaluate, train, research, prepare, or provide medical advice or material or physical assistance in a health care service.

(g) "Person" means a person as defined in section 1106 of the public health code, 1978 PA 368, MCL 333.1106, or a governmental entity.

(h) "Public health emergency" means a condition or situation that presents an immediate threat to the public health, safety, or welfare and requires immediate action to preserve the public health, safety, or welfare.

Sec. 5.
(1) A health care provider may object as a matter of conscience to providing or participating in a health care service on ethical, moral, or religious grounds.

(2) A health care provider shall notify his or her employer in writing of a conscientious objection described in subsection (1). The written notice shall be given directly to his or her supervisor and shall include a statement explaining his or her conscientious objection and the health care service or services to which he or she specifically objects to providing or participating in under this act.

(3) A health care provider may assert his or her conscientious objection under any of the following conditions:

(a) Upon being offered employment.
(b) At the time the health care provider adopts an ethical, moral, or religious belief system that conflicts with participation in a health care service.
(c) Within 24 hours after he or she is asked or has received notice that he or she is scheduled to participate in a health care service to which he or she conscientiously objects.

Sec. 7.
(1) An employer shall retain a health care provider's written objection filed under section 5 for the duration of the health care provider's employment. The written objection is valid for the duration of the health care provider's employment or until rescinded by the health care provider in writing.

(2) Except as otherwise provided under subsection (3), after receiving a written objection pursuant to section 5, an employer shall not require the objecting health care provider to provide or participate in the objectionable health care service.

(3) If a health care provider asserts an objection under section 5 less than 24 hours prior to the scheduled health care service, the employer shall make a reasonable effort to exclude the health care provider from participating in the health care service or find a replacement for the health care provider. If a replacement is unavailable and the health care provider cannot be excluded, the employer may require the health care provider to provide or participate in that health care service.

(4) An employer shall not refuse employment or staff privileges to a health care provider who has exercised his or her right to assert an objection to providing or participating in a health care service under section 5, unless participation in that health care service is indicated as a part of the normal course of duties in the posting of the availability of the position for employment or staff privileges.

(5) A medical school or other institution for the education or training of a health care provider shall not refuse admission to an individual or penalize that individual because the individual has filed in writing with the medical school or other institution a conscientious objection to participating in a health care service under this act.

Sec. 9.
Except as provided in section 11, a health care provider's objection to providing or participating in a health care service as described in section 5 shall not be the basis for1 or more of the following:

(a) Civil liability to another person.
(b) Criminal action.
(c) Administrative or licensure action.
(d) Termination of employment or refusal of staff privileges at a health facility.

Sec. 11.
(1) The protections afforded to a health care provider under this act do not apply under any of the following circumstances:

(a) A health care provider shall not assert an objection to a health care service if a patient's condition, in the reasonable medical judgment of an attending physician or medical director, requires immediate action and no other qualified health care provider is available to provide that health care service.

(b) A health care provider shall not assert an objection to providing or participating in a health care service in the event of a public health emergency.
(c) A health care provider shall not assert an objection to providing or participating in a health care service based on the classification of a patient or group of patients protected under the Elliot-Larsen civil rights act, 1976 PA 453, MCL 37.2101 to 37.2804, or based on a disease or other medical condition.

(2) Subject to a collective bargaining agreement, if a health care provider asserts an objection to a health care service that at the time the objection is asserted constitutes a regular or substantial portion of the health care provider's current and defined position, the employer may give the health care provider not less than 60 days' notice of the termination of his or her employment. As used in this section, "regular or substantial portion" means that 10% or more of the health care provider's daily or weekly hours of duty consist of providing or participating in that health care service.

(3) This act does not relieve a health care provider from a duty that exists under another statute or other law pertaining to current standards of acceptable health care practice and procedure to inform a patient of the patient's condition, prognosis, and risks of receiving health care services for the

Sec. 13.
(1) A civil action for damages or reinstatement of employment, or both, may be brought against a person, including, but not limited to, a governmental agency, health facility, or other employer, for penalizing or discriminating against a health care provider, including, but not limited to, penalizing or discriminating in hiring, promotion, transfer, a term or condition of employment, licensing, or granting of staff privileges or appointments, because that health care provider has asserted an objection to participating in a health care service under section 5. Civil damages may be awarded equal to the amount of proven damages and attorney fees. A civil action filed under this subsection may include a petition for injunctive relief against a person alleged to have penalized or discriminated against a health care provider as described in this subsection.

(2) A person who violates this act is responsible for a state civil infraction and may be ordered to pay a fine of not more than $1,000.00 for each day the violation continues or a fine of not more than $1,000.00 for each occurrence.

Michigan House Bill 5276
Check the status of this bill at the Michigan Legislature

Related Links
HB5158

Testimony of
Michael J. O'Dea

House Bill 5276

November 6, 2003
Introduced by Reps. Gleason, O'Neil, Hummel, Hune, Rivet, Sak, Richardville, Robertson, Stahl, Bradstreet, Voorhees, Vander Veen, Hoogendyk, Huizenga, Pappageorge, Mortimer, Newell, Ward, Casperson, Milosch, Paletko, Farhat, Koetje, Stakoe, Moolenaar, Emmons, Drolet, Palmer, Brown, Sheltrown, Spade, Kooiman, Pastor and Acciavatti

As Passed House, April 21, 2004

SUBSTITUTE FOR HOUSE BILL NO. 5276

A bill to allow certain health facilities to object to providing or participating in certain procedures under certain circumstances; and to provide for protection from certain liability.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. As used in this act:

(a) "Health care service" means the provision or withdrawal of, or research or experimentation involving, a medical diagnosis, treatment, procedure, diagnostic test, device, medication, drug, or other substance intended to affect the physical or mental condition of an individual.

(b) "Health facility" means any of the following:

(i) A clinical laboratory.

(ii) A county medical care facility.

(iii) A freestanding surgical outpatient facility.

(iv) A home for the aged.

(v) A hospital.

(vi) A nursing home.

(vii) A hospice.

(viii) A hospice residence.

(ix) A facility or agency listed in subparagraphs (i) to (vi) located in a university, college, or other educational institution.

(x) A private physician's office.

(xi) A medical clinic.

(xii) A public or private institution that provides health care services to an individual.

(xiii) A teaching institution that provides health care services to an individual.

(xiv) A pharmacy that provides health care services to an individual.

(xv) A corporation, partnership, sole proprietorship, limited liability company, or other legal entity that provides health care services to an individual.

(c) "Health profession" means a vocation, calling, occupation, or employment performed by individuals acting pursuant to a license or registration issued under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838. However, health profession does not include a vocation, calling, occupation, or employment performed by an individual licensed or registered as a sanitarian or a veterinarian.

(d) "Participate" or "participating" means, at a minimum, to counsel, refer, perform, administer, prescribe, dispense, treat, withhold, withdraw, diagnose, test, evaluate, train, research, prepare, or provide medical advice or material or physical assistance in a health care service.

(e) "Public health emergency" means a condition or situation that presents an immediate threat to the public health, safety, or welfare and requires immediate action to preserve the public health, safety, or welfare.

Sec. 2.
(1) Notwithstanding any other provision of law, a health facility may withdraw or withhold from providing a health care service, or may refuse to provide or participate in a health care service, on ethical, moral, or religious grounds as reflected in its bylaws, or an adopted mission statement.

(2) A health facility shall not assert an objection described in subsection (1) under any of the following circumstances:

(a) The objection is to a health care service the health facility routinely provides or participates in and is based on a disagreement with a member of a health profession employed by, under contract to, or granted privileges by the health facility regarding the medical appropriateness of a health care service for a specific patient if the patient has consented to the provision of the health care service.

(b) In the event of a public health emergency.

(c) In the event of an emergency where a patient's condition, in the reasonable medical judgment of an attending physician or medical director, requires immediate action to avert serious injury, harm, impairment, or death or is such that a delay would create a serious risk of substantial and irreversible impairment of a major bodily function to that patient.

(3) This act does not relieve a health care facility from a duty that exists under another statute or other law pertaining to medical standards of acceptable health care practice and procedures.

(4) A health facility's objection as described in subsection (1) to providing or participating in a health care service shall not be a basis for 1 or more of the following:

(a) Civil, criminal, or administrative liability.

(b) Eligibility discrimination against the health facility in a grant, contract, or program, unless providing or participating in the health care service is the exclusive purpose for the grant, contract, or program.

Michigan House Bill 5277
Check the status of this bill at the Michigan Legislature

Related Links
HB5158

Testimony of
Michael J. O'Dea

House Bill 5277

November 6, 2003
Introduced by Reps. Hummel, Rivet, Plakas, O'Neil, Gleason, Richardville, Robertson, Stahl, Bradstreet, Voorhees, Vander Veen, Hoogendyk, Huizenga, Pappageorge, Mortimer, Newell, Ward, Casperson, Milosch, Paletko, Kooiman, Farhat, Koetje, Stakoe, Hune, Moolenaar, Emmons, Drolet, Palmer, Brown, Sheltrown, Spade, Pastor and Acciavatti

As Passed House, April 21, 2004 (As amended April 21, 2004)

SUBSTITUTE FOR HOUSE BILL NO. 5277

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 409a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 409a. (1) Notwithstanding any other provision of law, a health care corporation may refuse to offer or provide a health care benefit on ethical, moral, or religious grounds as reflected in its articles of incorporation or bylaws or an adopted mission statement.

(2) A health care corporation shall not refuse to offer or provide a health care benefit under subsection (1) if the benefit is specifically covered under the certificate.

(3) A health care corporation's refusal to offer or provide a health care benefit under subsection (1) shall not be a basis for 1 or more of the following:

(a) Civil, criminal, or administrative liability.

(b) Eligibility discrimination against the health care corporation in providing a certificate unless offering or providing the health care benefit is expressly required.

Michigan House Bill 5278
Check the status of this bill at the Michigan Legislature

Related Links
HB5158

Testimony of
Michael J. O'Dea

House Bill 5278

November 6, 2003
Introduced by Reps. Hummel, Rivet, Plakas, O'Neil, Gleason, Richardville, Robertson, Stahl, Bradstreet, Voorhees, Vander Veen, Hoogendyk, Huizenga, Pappageorge, Mortimer, Newell, Ward, Casperson, Brown, Kooiman, Farhat, Koetje, Stakoe, Hune, Moolenaar, Emmons, Drolet, Palmer, Milosch, Paletko, Sheltrown, Spade, Pastor and Acciavatti

As Passed House, April 21, 2004 (As amended April 21, 2004)

SUBSTITUTE FOR HOUSE BILL NO. 5278

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406r.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 3406r.
(1) Notwithstanding any other provision of law, a health maintenance organization and a health insurer may refuse to offer or provide a health care benefit on ethical, moral, or religious grounds as reflected in its articles of incorporation, bylaws, or an adopted mission statement.

(3) A health maintenance organization and a health insurer's refusal to offer or provide a health care benefit under subsection (1) shall not be a basis for 1 or more of the following:

(a) Civil, criminal, or administrative liability.

(b) Eligibility discrimination against the health maintenance organization or health insurer in providing a contract, policy, or certificate unless offering or providing the health care benefit is expressly required.

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