GENERAL ASSEMBLY OF NORTH CAROLINA
HOUSE DRH90056-ME-7B (10/10)
Short Title: Health Care Conscience Protection Act.
Representatives Schaffer, Conrad, R. Brown, and Martin (Primary Sponsors).
A BILL TO BE ENTITLED
AN ACT to modify certain laws pertaining to abortion and to Contraceptive health insurance coverage.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 14-45.1(e) reads as rewritten:
"(e) Nothing in this
section shall require a physician licensed to practice medicine in North
or Carolina, any nurse nurse, or any other health care
provider who shall state an objection to abortion on moral, ethical, or
religious grounds, to perform or participate in medical procedures which result
in an abortion. The refusal of such physician a physician, nurse, or
health care provider to perform or participate in these medical procedures
shall not be a basis for damages for such the refusal, or for any
disciplinary or any other recriminatory action against such physician.the
physician, nurse, or health care provider. For purposes of this section, the
phrase "health care provider" shall have the same meaning as defined
under G.S. 90-410(1)."
SECTION 2. G.S. 14-45.1(f) reads as rewritten:
"(f) Nothing in this
section shall require a
hospital orhospital, other health care institution
institution, or other health care provider to perform an abortion or
to provide abortion services."
SECTION 3. G.S. 58-3-178(e) reads as rewritten:
"(e) A religious
employer may request an insurer providing a health benefit plan to provide to
the religious employer a health benefit plan that excludes coverage for
prescription contraceptive drugs or devices that are contrary to the employer's
religious tenets. Upon request, the insurer shall provide the requested health
benefit plan. An insurer providing a health benefit plan requested by a
religious employer pursuant to this section shall provide written notice to
each person covered under the health benefit plan that prescription
contraceptive drugs or devices are excluded from coverage pursuant to this
section at the request of the employer. The notice shall appear, in not less
than 10-point type, in the health benefit plan, application, and sales brochure
for the health benefit plan. Nothing in this subsection authorizes a health
benefit plan to exclude coverage for prescription drugs ordered by a health
care provider with prescriptive authority for reasons other than contraceptive
purposes, or for prescription contraception that is necessary to preserve the
life or health of a person covered under the plan. As used in this subsection,
the term "religious employer"
means an entity for which all of the
following are true: (1) The
entity is organized and operated for religious purposes and is tax exempt under
section 501(c)(3) of the U.S. Internal Revenue Code. (2) The
inculcation of religious values is one of the primary purposes of the entity. (3) The
entity employs primarily persons who share the religious tenets of the entity.
includes any employer, including, but not limited to, a corporation, LLC, partnership, or sole proprietorship, whether on a for-profit or nonprofit basis, that has a religious, moral, or ethical objection to arranging for, paying for, facilitating, or providing health benefits plan coverage for contraceptive drugs or methods, including, but not limited to, any and all contraceptive drugs and methods approved by the United States Food and Drug Administration."
SECTION 4. This act is effective when it becomes law. Section 3 applies to plans in effect when this act is effective to the extent allowable by either the United States or North Carolina Constitution.