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:
(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.
(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 unless offering or providing the health care benefit is