HB178 Alabama 2011 Session

Summary

Primary Sponsor

Jay Love

Republican

Co-Sponsor

Mary Sue McClurkin

Session

Regular Session 2011

Title

Health Care Rights of Conscience Act, health care providers, institutions, and payers right to decline to perform services that violate their consciences

Summary

HB178 would give health care providers, institutions, and payers in Alabama the right to decline to perform services that violate their conscience, with legal protections and remedies for violations.

What This Bill Does

The bill allows providers, institutions, and payers to decline to counsel, pay for, provide, perform, or participate in health care services that conflict with their conscience. It would shield them from civil, criminal, or administrative liability for such refusals. It would prohibit discrimination or disciplinary actions against those who decline and establish civil action remedies, including damages (trebled actual damages with a minimum of $5,000 per violation), costs, and attorney’s fees, plus potential injunctive relief. It would also authorize health care institutions to require patient consent forms and would protect health care payers from liability when they decline to pay for services, with corresponding anti-discrimination protections.

Who It Affects

• Health care providers (e.g., doctors, nurses, pharmacists) – may decline to participate in services that violate their conscience and would be protected from liability and disciplinary action for doing so.
• Health care institutions (e.g., hospitals, clinics, nursing homes) – may decline to provide or participate in such services, may require consent forms from patients, and are protected from liability and discrimination based on their conscience-based declines.
• Health care payers (e.g., insurers, HMOs) – may decline to pay for services that violate conscience and are protected from liability; protected from discrimination when establishing or operating payer programs due to conscience-based decisions.

Key Provisions

• Right for health care providers, institutions, and payers to decline to participate in health care services that violate their conscience.
• Immunity from civil, criminal, or administrative liability for refusals to provide or participate in services that violate conscience.
• Anti-discrimination protections against actions like termination, transfers, loss of staff privileges, wage/benefit reductions, or licensure/participation denial for conscience-based declines.
• Civil action remedies for violations, including damages (treble actual damages with a minimum of $5,000 per violation), costs, attorney’s fees, and possible injunctive relief; remedies are cumulative.
• Health care institutions may require patient consent forms acknowledging the right to decline conscience-based services; discrimination against institutions attempting to operate due to conscience is unlawful.
• Health care payers may decline to pay for services; protections against liability and against discrimination in establishing or operating payers due to conscience-based decisions.
• Definitions of key terms (conscience, health care provider, health care institution, health care payer, health care service, participate, pay) and the scope of who is covered.
• Effective date: the act becomes law on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Health Care Providers