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Fast Facts
Refusal to Provide Medical Services
Are health care providers really allowed to refuse to provide medically necessary services? |
YES. A number of state and federal laws include provisions known as "refusal clauses," which permit a broad range of individuals and institutions—including hospitals, hospital employees, health care providers, pharmacists, employers, and insurance companies—to refuse to provide, pay for, counsel, or even refer patients for medical treatment that they oppose. Although carefully crafted refusal clauses may be acceptable in some circumstances to protect individuals who oppose certain treatments, broad refusal clauses deny women medically necessary information, referrals, and services. In addition, even if individual medical providers are protected, health care corporations should not be allowed to broadly deny women access to necessary medical services and information. |
CURRENT STATE LAWS47 states and the District of Columbia allow certain individuals or entities to refuse to provide women specific reproductive health services, information, or referrals: AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, WA, WV, WI, WY. |
CURRENT FEDERAL LAWSSeveral provisions exist in federal law that allow health care companies to refuse to provide, pay for, counsel for, or even refer for abortion services—and in some cases contraceptives. Most recently, Congress passed the Federal Refusal Clause (FRC), which eliminates federal, state, and local governments' ability to ensure that abortion care and referrals are available. Under the FRC, a federal, state, or local government may not require any health care company to provide, pay for, or refer for abortion services. Any law or regulation that does so can be considered "discrimination" against the entity and a violation of the FRC. |
2008 STATE LEGISLATION13 states considered 21 measures that would allow certain individuals or entities to refuse to provide women specific reproductive health services, information, or referrals: AL, HI, IN, MI, MO, NY, NC, OK, PA, RI, SC, VT, WV.
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10 states considered 13 measures that would permit pharmacists and/or pharmacies to refuse to fill women's prescriptions for contraception, including emergency contraception: AL, HI, IN, MI, MO, NY, PA, RI, SC, VT.
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12 states considered 19 measures that would allow health-care entities and/or individuals to refuse to provide abortion services: AL, HI, IN, MI, NY, NC, OK, PA, RI, SC, VT, WV. |
| For a map of all states with Refusal to Provide Medical Services - click here. | |
