SHB 1638 -
By Senator Keiser
NOT CONSIDERED
On page 6, after line 13, insert the following:
"NEW SECTION. Sec. 9 A new section is added to chapter 48.43 RCW
to read as follows:
(1) Except as provided in subsection (5) of this section, if a
health plan issued or renewed on or after January 1, 2014, provides
coverage for maternity care or services, the health plan must also
provide a covered person with substantially equivalent coverage to
permit the voluntary termination of a pregnancy.
(2)(a) Except as provided in (b) of this subsection, a health plan
subject to subsection (1) of this section may not limit in any way a
woman's access to services related to the voluntary termination of a
pregnancy.
(b)(i) Coverage for the voluntary termination of a pregnancy may be
subject to terms and conditions generally applicable to the health
plan's coverage of maternity care or services, including applicable
cost sharing.
(ii) A health plan is not required to cover abortions that would be
unlawful under RCW 9.02.120.
(3) Nothing in this section may be interpreted to limit in any way
a woman's constitutionally or statutorily protected right to
voluntarily terminate a pregnancy.
(4) This section does not, pursuant to 42 U.S.C. Sec. 18054(a)(6),
apply to a multistate plan that does not provide coverage for the
voluntary termination of a pregnancy.
(5) If the application of this section to a health plan results in
noncompliance with federal requirements that are a prescribed condition
to the allocation of federal funds to the state, this section is
inapplicable to the plan to the minimum extent necessary for the state
to be in compliance. The inapplicability of this section to a specific
health plan under this subsection does not affect the operation of this
section in other circumstances.
(6) The legislature recognizes that every individual possesses a
fundamental right to exercise their religious beliefs and conscience.
The legislature further recognizes that in developing public policy,
conflicting religious and moral beliefs must be respected. Therefore,
while recognizing the right of conscientious objection to participating
in specific health services, the state shall also recognize the right
of individuals enrolled with plans containing the basic health plan
services to receive the full range of services covered under the plan.
(7)(a) No individual health care provider, religiously sponsored
health carrier, or health care facility may be required by law or
contract in any circumstances to participate in the provision of or
payment for a specific service if they object to so doing for reason of
conscience or religion. No person may be discriminated against in
employment or professional privileges because of such objection.
(b) The provisions of subsections (6) through (9) of this section
are not intended to result in an enrollee being denied timely access to
any service included in the basic health plan services. Each health
carrier shall:
(i) Provide written notice to enrollees, upon enrollment with the
plan, listing services that the carrier refuses to cover for reason of
conscience or religion;
(ii) Provide written information describing how an enrollee may
directly access services in an expeditious manner; and
(iii) Ensure that enrollees refused services under this section
have prompt access to the information developed pursuant to (b)(ii) of
this subsection.
(c) The insurance commissioner shall establish by rule a mechanism
or mechanisms to recognize the right to exercise conscience while
ensuring enrollees timely access to services and to assure prompt
payment to service providers.
(8)(a) No individual or organization with a religious or moral
tenet opposed to a specific service may be required to purchase
coverage for that service or services if they object to doing so for
reason of conscience or religion.
(b) The provisions of subsections (6) through (9) of this section
shall not result in an enrollee being denied coverage of, and timely
access to, any service or services excluded from their benefits package
as a result of their employer's or another individual's exercise of the
conscience clause in (a) of this subsection.
(c) The insurance commissioner shall define by rule the process
through which health carriers may offer the basic health plan services
to individuals and organizations identified in (a) and (b) of this
subsection in accordance with the provisions of subsection (7)(c) of
this section.
(9) Nothing in subsections (6) through (8) of this section requires
a health carrier, health care facility, or health care provider to
provide any health care services without appropriate payment of premium
or fee."
Renumber the remaining sections consecutively and correct any internal references accordingly.
SHB 1638 -
By Senator Keiser
NOT CONSIDERED
On page 1, line 4 of the title, after "48.175.020;" insert "adding a new section to chapter 48.43 RCW;"
EFFECT: Requires certain health plans that provide coverage for
maternity care or services to provide a covered person with
substantially equivalent coverage to permit the voluntary termination
of a pregnancy.
Provides that the coverage requirement is inapplicable to the
extent that it results in noncompliance with federal requirements that
are a prescribed condition for federal funds.
Provides that no individual health care provider, religiously
sponsored health carrier, or health care facility may be required by
law or contract to participate in the provision of or payment for a
specific service if they object based on conscience or religion.
Provides that no individual or organization with a religious or
moral tenet opposed to a specific service may be required to purchase
coverage for that service or services if they object to doing so for
reason of conscience or religion.