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Arizona

Refusal to Provide Medical Services

ABORTION REFUSAL LAW

To whom does the refusal law 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 law 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 providing abortion care.

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

Are there circumstances under which a refusal law 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 law? No.

Ariz. Rev. Stat. Ann. § 36-2151 (Enacted 1973; Last Amended 2003).  Ariz. Rev. State. Ann. § 36-2154 (Enacted 2009).

In April 2010, in Planned Parenthood Arizona, Inc. v. Goddard, a state superior court reaffirmed its September 2009 injunction that blocks the portion of Arizona's abortion refusal law enacted in 2009.  Planned Parenthood Arizona, Inc. v. Goddard, CV 2009-029110 (Ariz. Super. Ct. Apr. 27, 2010) (order extending injunction).  The 2009 law expanded the state's abortion refusal rights to allow hospitals to refuse to provide abortion services and to specify that providers may not be required to facilitate the provision of abortion services.  The 1973 refusal law remains in place. In August 2011, the state appellate court ruled the 2009 refusal provisions constitutional and enforceable.  Planned Parenthood Arizona, Inc. v. American Association of Pro-Life Obstetricians and Gynecologists, CV 09-0748 & CV 10-0274 (Consolidated) (Ariz. Ct. of Appeals, Aug. 11, 2011) (order).

 

CONTRACEPTION REFUSAL LAW

To whom does the refusal law apply? Hospitals, pharmacies, medical facilities, and health-care professionals and any employees of hospitals, pharmacies, or health-care professionals who object in writing to contraception.

What does the refusal law 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 contraception.

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

Are there circumstances under which a refusal law 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 law? No.

Ariz. Rev. State. Ann. § 36-2154 (Enacted 2009).

In April 2010, in Planned Parenthood Arizona, Inc. v. Goddard, a state superior court reaffirmed its September 2009 injunction that blocks Arizona's contraception refusal law.  Planned Parenthood Arizona, Inc. v. Goddard, CV 2009-029110 (Ariz. Super. Ct. Apr. 27, 2010) (order extending injunction). In August 2011, the state appellate court ruled the contraception refusal provision constitutional and enforceable.  Planned Parenthood Arizona, Inc. v. American Association of Pro-Life Obstetricians and Gynecologists, CV 09-0748 & CV 10-0274 (Consolidated) (Ariz. Ct. of Appeals, Aug. 11, 2011) (order).
 


INSURANCE COVERAGE FOR CONTRACEPTION REFUSAL LAW

Although Arizona law requires health-insurance plans that cover prescription medication 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 law apply? Religiously affiliated employers (defined as nonprofits that primarily employ and serve people who share their religious tenants) or organizations whose articles of incorporation state that they are a religiously motived organization and whose religious beliefs are central to the organization's operating principles.

What does the refusal law allow? Religiously affiliated employers may refuse to cover contraceptives in their health plans.
Is this refusal law overbroad, jeopardizing insurance coverage for contraception for women? Yes.  This broad refusal clause inappropriately includes entities that operate in the public sphere, employ people of different faiths, and serve people of all faiths.

Must the refusal be in writing? Yes. The religiously affiliated employer must file with the issuer a written affidavit stating its objection.


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

Are there circumstances under which a refusal law may not be exercised? Yes. A refusal law may not be used to exclude coverage for prescription contraceptive methods ordered for reasons other than pregnancy prevention.

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

Ariz. Rev. Stat. Ann. §§ 20-1057.08, -826, -1402, -1404, -2329 (Enacted 2002, Amended 2012).




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