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Connecticut

Refusal to Provide Medical Services

ABORTION REFUSAL CLAUSE

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

To whom does the refusal clause apply?  Individuals.

What does the refusal clause allow?  No person may be required to participate in any phase of an abortion against his or her judgment or philosophical, moral, or religious beliefs.

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.

Conn. Agencies Regs § 19-13-D54 (Enacted 1974; Last Amended 2005).

INSURANCE COVERAGE FOR CONTRACEPTION REFUSAL CLAUSE

Although Connecticut 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 clause apply?  Religious employers for whom prescription contraceptive methods are contrary to their bona fide religious tenets, as well as insurance providers owned, operated, or substantially controlled by a religious organization that has religious or moral tenets that conflict with contraceptive coverage.

What does the refusal clause allow?  Upon a religious employer's request, an insurance provider may issue to a religious employer a plan that excludes coverage for contraception.  In addition, insurance providers owned, operated, or substantially controlled by a religious organization that has religious or moral tenets that conflict with contraceptive coverage may provide for coverage of prescription contraceptive methods through another entity offering a limited benefit plan, provided that the coverage has the same cost, terms, and availability as other prescription coverage offered to the insured.

Is this refusal clause overbroad, jeopardizing insurance coverage for contraception for women?  Yes.  The law broadly defines the term "religious employer" as a church-controlled or church-affiliated organization.  This broad definition inappropriately includes entities that operate in the public sphere.

Does the law require that the persons affected by the refusal be notified?  Yes.  A health-insurance policy that excludes coverage for prescription contraceptive methods due to an employer's religious refusal must provide the insured or prospective insured with written notice of the exclusion.

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 contraceptive purposes.

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

May an individual obtain a health-insurance policy that excludes contraceptive coverage?  Yes.  An individual who states in writing that prescription contraceptive methods are contrary to the individual's religious or moral beliefs may obtain a health-insurance policy from their insurer that excludes coverage for contraception.

Conn. Gen. Stat. Ann. §§ 38a-503e, -530e (Enacted 1999).


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