Refusal to Provide Medical Services

ABORTION REFUSAL CLAUSE

Nevada allows certain individuals or entities to refuse to provide abortion services.

To whom does the refusal clause apply? Nurses, nursing assistants, other employees hired to provide direct personal health services, or private hospitals, or licensed medical facilities.

What does the refusal clause allow? Except in a medical emergency, an employer may not require a nurse, nursing assistant, or other employee hired to provide direct personal health service to participate directly in the induction or performance of an abortion if the employee has provided a written statement indicating a moral, ethical, or religious basis for refusal to participate. The refusal to participate may not be a basis for penalty or discipline by the employer.

A private hospital or licensed medical facility is not required to permit the use of its facilities for the induction or performance of an abortion except in a medical emergency. The refusal to permit an abortion may not be a basis for a cause of action.

Must the refusal be in writing? Yes, an employee must provide a written statement indicating a moral, ethical, or religious basis for refusal to participate.

Does the law require the refusing entity to notify the persons affected? No.

Are there circumstances under which a refusal clause may not be exercised? Yes, during medical emergencies.

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.

Nev. Rev. Stat. Ann. § 632.475 (Enacted 1973; Last Amended 1985); Nev. Rev. Stat. Ann. § 449.191 (Enacted 1973; Last Amended 1989).

INSURANCE COVERAGE FOR CONTRACEPTION REFUSAL CLAUSE

Although Nevada 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?  Insurers that are affiliated with a religious organization and that object to contraceptive coverage on religious grounds.

What does the refusal clause allow? An insurer that is affiliated with a religious organization and that objects to contraceptive coverage on religious grounds may refuse to provide coverage for contraception.

Is this refusal clause overbroad, jeopardizing insurance coverage for contraception for women? Yes. The law permits insurers affiliated with religious organizations to refuse to provide contraceptive coverage. This broad refusal clause inappropriately includes insurers that operate in the public sphere.

Does the law require the refusing entity to notify the persons affected? Yes. An insurer exercising the religious exemption must provide written notice of the excluded services to the prospective insured.

Are there circumstances under which a refusal clause may not be exercised? No.

Does the law provide a mechanism for women to obtain contraceptive coverage if their employer exercises a refusal clause? No.

Nev. Rev. Stat. Ann. §§ 689A.0415, .0417; §§ 689B.0376, .0377; §§ 695B.1916, .1918; §§ 695C.1694, .1695.  (Enacted 1999).