Perfected

SS/SB 749 - This act provides that the rights guaranteed under the act are in addition to the rights guaranteed under Section 376.805, relating to health plan coverage of abortion, and Section 376.1199, relating to health plan coverage of certain obstetrical and gynecological benefits and pharmaceutical coverage. No employee, self-employed person, or any other person shall be compelled to obtain coverage for, or be discriminated against or penalized for declining or refusing coverage for, abortion, contraception, or sterilization in a health plan if such items or procedures are contrary to the religious beliefs or moral convictions of such employee or person.

When an employee declines or refuses coverage for such items or procedures under this act, any health carrier shall make available and the employer shall provide an alternate health plan that excludes coverage for abortion, contraception, or sterilization if the use or provision of such items or procedures are contrary to the religious beliefs or moral convictions of such person or entity.

No employer, health plan provider, health plan sponsor, health care provider, or any other person or entity shall be compelled to provide coverage for, or be discriminated against or penalized for declining or refusing coverage for, abortion, contraception, or sterilization in a health plan if such items or procedures are contrary to the religious beliefs or moral convictions of such employer, health plan provider, health plan sponsor, health care provider, person, or entity

No such employee, self-employed person, employer, health plan provider, health plan sponsor, health care provider, or any other person or entity shall be discriminated against by any governmental entity, public official, or entity acting in a governmental capacity for failing to obtain or provide coverage for, pay for, participate in, or refer for such coverage because of such religious beliefs or moral convictions.

This act allows the Missouri Attorney General to bring a civil action in any appropriate state or federal court whenever there is reasonable cause to believe that the provisions of this act or other law that protects the religious beliefs or moral convictions of such entities or persons have been or is threatened to be violated.

Nothing in this act shall preclude a private cause of action by any person or entity aggrieved by a violation of this act or other law that protects the religious beliefs or moral convictions of such entities or persons, or be considered a limitation on any other remedy permitted by law. A court may order any appropriate relief, including recovery of damages, payment of reasonable attorney's fees, costs, and expenses.

"Sterilization" for purposes of the act is defined to mean any elective medical procedure for which the sole purpose is to make an individual incapable of reproduction, except that sterilization shall not mean when the procedure is for the purpose of making an individual incapable of reproduction because of such person's diagnosed hereditary genetic disease or disorder.

Nothing in the act shall be construed to exclude coverage for prescription contraceptive drugs or devices ordered by a health care provider with prescriptive authority for reasons other than contraceptive or abortion purposes.

This act contains an emergency clause.

ADRIANE CROUSE


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