Refusal to Provide Medical Services
ABORTION REFUSAL CLAUSE
Arizona allows certain individuals or entities to refuse to provide abortion services.
To whom does the refusal clause apply? Hospitals, pharmacies, medical facilities, and health-care professionals and any employees of hospitals, pharmacies, medical facilities, or health-care professionals who object in writing to abortion services.
What does the refusal clause allow? No hospitals, pharmacies, medical facilities, or health-care professionals, or employees of hospitals, pharmacies, medical facilities, or health-care professionals, who object in writing, may be required to participate in or facilitate medical or surgical procedures that result in an abortion. In addition, no hospital may be required to admit a woman for the purpose of performing an abortion.
Does the law require the refusing individual or entity to notify the persons affected? No.
Are there circumstances under which a refusal clause may not be exercised? No.
Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for abortion services? No.
Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.
Ariz. Rev. Stat. Ann. §36-2151 (Enacted 1973; Last Amended 2009).
CONTRACEPTION REFUSAL CLAUSE
Arizona allows certain individuals or entities to refuse to provide contraceptive medications or devices.
To whom does the refusal clause apply? Hospitals, pharmacies, medical facilities, and health-care professionals and any employees of hospitals, pharmacies, or health-care professionals who object in writing to contraceptive medications or devices.
What does the refusal clause allow? No hospitals, pharmacies, medical facilities, or health-care professionals, or employees of hospitals, pharmacies, or health-care professionals, who object in writing, may be required to participate in or facilitate the provision of contraceptive medications or devices.
Does the law require the refusing individual or entity to notify the persons affected? No.
Are there circumstances under which a refusal clause may not be exercised? No.
Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for abortion services? No.
Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause? No.
Ariz. Rev. Stat. Ann. §36-2151 (Enacted 1973; Last Amended 2009).
INSURANCE COVERAGE FOR CONTRACEPTION REFUSAL CLAUSE
Although Arizona law requires health insurance plans that cover prescription drugs to provide equitable coverage for contraception, certain employers and/or insurers may require that their plans exclude coverage for contraception.
To whom does the refusal clause apply? Religious employers whose religious tenets prohibit use of prescription contraception.
What does the refusal clause allow? A religious employer may require issuers of its health insurance plans to exclude coverage for contraception.
Is this refusal clause overbroad, jeopardizing insurance coverage for contraception for women? No. The law appropriately defines the term "religious employer" as a non-profit organization that primarily employs and serves persons who share the religious tenets of the entity. This narrow definition is appropriately limited in scope, applying to religious entities but not broad-based entities that operate in the public sphere.
Must the refusal be in writing? Yes. The religious employer must submit a written affidavit to the insurer.
Does the law require the refusing entity to notify the persons affected? Yes. An employer exercising a refusal clause must provide written notice to prospective employees that the employer refuses to cover all Food and Drug-approved prescription contraceptives for religious reasons.
Are there circumstances under which a refusal clause may not be exercised? Yes. A refusal clause may not be used to exclude coverage for prescription contraceptive methods ordered for reasons other than to prevent unintended pregnancy.
Does the law provide a mechanism for women to obtain contraceptive coverage if their employer exercises a refusal clause? No.
Ariz. Rev. Stat. Ann. §§ 20-1057.08, -826, -1402, -1404, -2329 (Enacted 2002).
