CCS/HCS/SS/SB 749 -This act modifies provisions relating to the protection of the religious beliefs and moral convictions of certain persons and health care entities. The rights guaranteed under the act are in addition to the rights guaranteed under Section 376.805, relating to health plan coverage of abortion, and Section 376.1199, relating to health plan coverage of certain obstetrical and gynecological benefits and pharmaceutical coverage. No employee, self-employed person, or any other person shall be compelled to obtain coverage for, or be discriminated against or penalized for declining or refusing coverage for, abortion, contraception, or sterilization in a health plan if such items or procedures are contrary to the religious beliefs or moral convictions of such employee or person.
No employer, health plan provider, health plan sponsor, health care provider, or any other person or entity shall be compelled to provide coverage for, or be discriminated against or penalized for declining or refusing coverage for, abortion, contraception, or sterilization in a health plan if such items or procedures are contrary to the religious beliefs or moral convictions of such employer, health plan provider, health plan sponsor, health care provider, person, or entity.
No such employee, self-employed person, employer, health plan provider, health plan sponsor, health care provider, or any other person or entity shall be discriminated against by any governmental entity, public official, or entity acting in a governmental capacity for failing to obtain or provide coverage for, pay for, participate in, or refer for such coverage because of such religious beliefs or moral convictions.
This act allows the Missouri Attorney General to bring a civil action in any appropriate state or federal court whenever there is reasonable cause to believe that the provisions of this act or other law that protects the religious beliefs or moral convictions of such entities or persons have been or is threatened to be violated.
Nothing in this act shall preclude a private cause of action by any person or entity aggrieved by a violation of this act or other law that protect the religious beliefs or moral convictions of such entities or persons, or be considered a limitation on any other remedy permitted by law. A court may order any appropriate relief, including recovery of damages, payment of reasonable attorney's fees, costs, and expenses.
"Sterilization" for purposes of the act is defined to mean any elective medical procedure for which the sole purpose is to make an individual incapable of reproduction.
This act also requires health carriers to offer and issue to any person or entity purchasing a health benefit plan that excludes coverage for contraceptives based on religious beliefs or moral convictions. Any health benefit plan issued under the exception in Section 376.1199 is required to provide clear and conspicuous written notice on the employee's health benefit plan application and contract about optional riders for elective abortions and that the employee has the right to exclude and pay for coverage of elective abortions if such procedures are contrary to his or her religious beliefs and moral convictions.
This act contains an emergency clause for section 191.724 of the act.
ADRIANE CROUSE