AN ACT PROHIBITING ADVERSE ACTIONS AGAINST HEALTH CARE PROVIDERS FOR PROVIDING CERTAIN HEALTH CARE SERVICES.
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HB 5424 — AN ACT PROHIBITING ADVERSE ACTIONS AGAINST HEALTH CARE PROVIDERS FOR PROVIDING CERTAIN HEALTH CARE SERVICES.
Last action — FILE NO. 332
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
146 added · 15 removed146 line(s) added, 15 removed.
House of Representatives General Assembly RaisedFile Bill No.
5424332 February Session, 2024 LCOHouse Bill No.
23275424 ReferredHouse toof Representatives, April 8, 2024 The Committee on PUBLICPublic HEALTHHealth Introducedreported by:through REP.
(PH)MCCARTHY ANVAHEY ACTof PROHIBITINGthe ADVERSE133rd ACTIONSDist., AGAINSTChairperson HEALTHof CAREthe PROVIDERSCommittee FORon PROVIDINGthe CERTAINpart HEALTHof CAREthe SERVICES.House, that the bill ought to pass.
AN ACT PROHIBITING ADVERSE ACTIONS AGAINST HEALTH CARE PROVIDERS FOR PROVIDING CERTAIN HEALTH CARE SERVICES.
(3) "Health care provider" means a person who (A) provides health careHB5424 services,/ (B)File is licensed, certified or registered pursuant to title 20 of the general statutes, and (C) is employed by or acting on behalf of a LCO 2327 1 of 4 Bill No.
5424332 health1 careHB5424 entity;File No.
332 care services, (B) is licensed, certified or registered pursuant to title 20 of the general statutes, and (C) is employed by or acting on behalf of a health care entity;
(1) Comprehensive medically accurate and appropriate information and counseling that conforms to the accepted standard of care to an individual patient regarding that patient's health status, including, but not limited to, diagnosis, prognosis,recommendedprognosis,recommendedtreatment,treatment treatment,treatment alternatives and any potential risks to the patient's health or life;
(b)HB5424 Nothing/ inFile subsection (a) of this section shall be construed to LCO 2327 2 of 4 Bill No.
5424332 prohibit2 aHB5424 healthFile careNo. entity that employs a health care provider from performing relevant peer review of the health care provider, or from requiring such health care provider to:
332 (b) Nothing in subsection (a) of this section shall be construed to prohibit a health care entity that employs a health care provider from performing relevant peer review of the health care provider, or from requiring such health care provider to:
orHB5424 LCO/ 2327File 3 of 4 Bill No.
5424332 (2)3 EnsuringHB5424 qualityFile ofNo. care and patient safety, including, but not limited to, when quality control or patient safety issues are identified pursuant to peer review.
332 or (2) Ensuring quality of care and patient safety, including, but not limited to, when quality control or patient safety issues are identified pursuant to peer review.
3 July 1, 2024 New section PH Joint Favorable LCOHB5424 2327/ 4File ofNo. 4
332 4 HB5424 File No.
332 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
None Municipal Impact:
None Explanation The bill, which prevents health care entities from taking adverse actions against providers of certain reproductive and gender-affirming health care services, does not result in a fiscal impact to the state or municipalities.
The Out Years State Impact:
None Municipal Impact:
None HB5424 / File No.
332 5 HB5424 File No.
332 OLR Bill Analysis HB 5424 AN ACT PROHIBITING ADVERSE ACTIONS AGAINST HEALTH CARE PROVIDERS FOR PROVIDING CERTAIN HEALTH CARE SERVICES.
SUMMARY This bill prohibits health care entities, under certain conditions and limitations, from doing the following:
1.
limiting a health care provider’s provision of comprehensive medically accurate information and counseling to patients on their health status regarding reproductive or gender-affirming health care services, or information about available and relevant community services and resources for these services;
2.
prohibiting a health care provider, in an entity with an emergency department, from providing reproductive health care services related to pregnancy complications (e.g., miscarriage management and treatment for ectopic pregnancies), if failing to provide the service would violate the standard of care or present a serious risk to the patient;
or 3.
firing, demoting, suspending, or otherwise discriminating against a health care provider for providing this information or these services.
For these prohibitions to apply, the providers must be acting (1) in good faith;
(2) within their professional scope of practice, education, training, and experience;
and (3) within the accepted standard of care.
Under the bill, health care entities may still perform relevant peer review of their providers or require them to comply with (1) preferred HB5424 / File No.
332 6 HB5424 File No.
Show all 69 changed lines (29 more)
332 provider network or utilization review requirements for insurance purposes or (2) health care quality and patient safety guidelines.
Lastly, the bill specifies that it does not change health care entities’ obligations under applicable federal laws and regulations, including the Emergency Medical Treatment and Labor Act (EMTALA, see BACKGROUND).
EFFECTIVE DATE:
July 1, 2024 LIMITATIONS ON HEALTH CARE PROVIDERS The bill prohibits health care entities from limiting health care providers’ provision of comprehensive, medically accurate and appropriate information (e.g., information supported by current scientific evidence and published in peer-reviewed journals) to patients about:
1.
their health status related to gender-affirming or reproductive health care services, including diagnosis, prognosis, treatment recommendationsandalternatives,andanypotentialrisktotheir life or health, and 2.
available and relevant community services and resources and how to access them to obtain the care they choose.
Under the bill, health care entities may still perform relevant peer reviews of health care providers they employ or require these providers to (1) comply with preferred provider network or utilization review requirements of any program or entity authorized by state or federal law to provide health insurance coverage to enrollees or (2) meet established health care quality and patient safety guidelines or rules.
The bill defines “reproductive health care services” as all medical, surgical, counseling, or referral services related to the reproductive system, including sexual health, pregnancy, contraception, and pregnancy termination.
“Gender-affirming health care services” include all medical care to HB5424 / File No.
332 7 HB5424 File No.
332 treat (1) gender dysphoria, as defined in the most recent edition of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (i.e., the DSM-V), and (2) gender incongruence, as defined in the most recent revision of the International Statistical Classification of Diseases and Related Health Problems.
EMERGENCY DEPARTMENTS The bill prohibits health care entities with emergency departments from banning health care providers from providing reproductive health care services related to pregnancy complications, including miscarriage management and treatment for ectopic pregnancies, if (1) failing to provide the service would violate accepted standards of care or (2) there is a serious risk to the patient’s life or health.
Under the bill, health care entities may still limit a provider’s practice for the following purposes:
1.
complying withpreferredprovider networkor utilizationreview requirements for state- or federally-authorized health insurers or 2.
ensuringqualityofcareandpatientsafety,includingwhenapeer review identifies quality control or patient safety issues.
BACKGROUND EMTALA EMTALA requires every hospital with an emergency department that participates in Medicare to screen and treat patients with emergency medical conditions or arrange for their appropriate transfer if they are unable to do so.
They must do this regardless of a person’s income, insurance status, or other factors (e.g., immigration status, race, or religion).
Hospitals and providers who fail to comply are subject to civil penalties and termination from Medicare or Medicaid (42 U.S.C.
§ 1395dd and 42 C.F.R.
§ 1003.500).
The law applies to emergency medical conditions that, if left untreated, could reasonably be expected to threaten the person’s life or impose severe and long-lasting health effects.
This includes pregnancy- HB5424 / File No.
332 8 HB5424 File No.
332 related conditions, such as miscarriage complications, ectopic pregnancy, or preeclampsia, which may require medically necessary abortions.
The federal Department of Health and Human Services, in compliance with a federal executive order, issued guidance in 2022 (QSO-22-22-Hospitals) and a comprehensive plan in 2024 to (1) specify that EMTALA requirements preempt state laws prohibiting or restricting accessto abortioncare and(2)educate patientsandproviders on their rights and obligations for emergency medical care.
COMMITTEE ACTION Public Health Committee Joint Favorable Yea 28 Nay 9 (03/20/2024) HB5424 / File No.
332 9
Show all 69 changed rows (29 more)
Action History
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FILE NO. 332
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HOUSE CALENDAR NUMBER 227
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FAV. RPT., TABLED FOR HOUSE CALENDAR
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RPTD. OUT OF LCO
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REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/08/24
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FILED WITH LCO
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Joint Favorable
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PUBLIC HEARING 0313
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REF. TO JOINT COMM. ON Public Health
Sponsors
- Saud Anwar · Primary
- Eleni Kavros DeGraw · Primary
- Josh Elliott · Primary
- Aimee Berger-Girvalo · Primary
- Raghib Allie-Brennan · Primary
- Robin E. Comey · Primary
- David Michel · Primary
- Susan M. Johnson · Primary
- Hubert D. Delany · Primary
- Catherine A. Osten · Primary
- Julie Kushner · Primary
- Julio A. Concepcion · Primary
- Gary A. Turco · Primary
Sponsorship breakdown
Export CSV (upgrade) →13 sponsors · 0 co-sponsors · 174 not signed on
Sponsors (13)
- Saud Anwar Democratic
- Eleni Kavros DeGraw Democratic
- Josh Elliott Democratic
- Aimee Berger-Girvalo Democratic
- Raghib Allie-Brennan Democratic
- Robin E. Comey Democratic
- David Michel
- Susan M. Johnson Democratic
- Hubert D. Delany Democratic
- Catherine A. Osten Democratic
- Julie Kushner Democratic
- Julio A. Concepcion Democratic
- Gary A. Turco Democratic
Co-sponsors (0)
None.
Not signed on (174)
174 members have not signed on to this bill.
Show all 174 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors HB 5424?
- HB 5424 is sponsored by Saud Anwar (Democratic), Eleni Kavros DeGraw (Democratic), Josh Elliott (Democratic), Aimee Berger-Girvalo (Democratic), Raghib Allie-Brennan (Democratic), Robin E. Comey (Democratic), David Michel, Susan M. Johnson (Democratic), Hubert D. Delany (Democratic), Catherine A. Osten (Democratic), Julie Kushner (Democratic), Julio A. Concepcion (Democratic), and Gary A. Turco (Democratic).
- What is the current status of HB 5424?
- This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 5424?
- Track HB 5424 free on One Click Politics — get push/email alerts when it moves.
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