SB 425 — AN ACT PROHIBITING DISCRIMINATION BY HEALTH CARE PROVIDERS IN THE PROVISION OF HEALTH CARE SERVICES IN THE STATE.

Senate General Assembly RaisedFile Bill No.

425526 February Session, 2024 LCOSubstitute Senate Bill No.

2880425 ReferredSenate, toApril 17, 2024 The Committee on JUDICIARYJudiciary Introducedreportedthrough by:SEN.

(JUD)WINFIELD ANof ACTthe PROHIBITING10th DISCRIMINATIONDist., BYChairperson HEALTHof CAREthe PROVIDERSCommittee INon THEthe PROVISIONpart OFof HEALTHthe CARESenate, SERVICESthat INthe THEsubstitute STATE.bill ought to pass.

AN ACT PROHIBITING DISCRIMINATION BY HEALTH CARE PROVIDERS IN THE PROVISION OF HEALTH CARE SERVICES IN THE STATE.

As used in this section, "health care provider" means any person, corporation,facility orinstitutionlicensedby thisstate to providehealth care services, or an officer, employee or agent thereof acting in the course and scope of hissuch person's employment.

Sec.Nothing in this section shall be construed to require the delivery of futile health care, affect the professional standard of care or interfere with public health planning.

sSB425 / File No.

526 1 sSB425 File No.

526 Sec.

LCO(8) No."Discriminatory practice" means a violation of section 4a-60, 4a- 60a, 4a-60g, 31-40y, subsection (b), (d), (e) or (f) of section 31-51i, subparagraph (C) of subdivision (15) of section 46a-54, subdivisions (16) and (17) of section 46a-54, section 46a-58, 46a-59, 46a-60, 46a-64, 46a-64c, 46a-66 [,] or 46a-68, sections 46a-68c to 46a-68f, inclusive, [or] sections 46a-70 to 46a-78, inclusive, subsection (a) of section 46a-80, [or] sections 46a-81b to 46a-81o, inclusive, [and] sections 46a-80b to 46a-80e, inclusive, [and] sections 46a-80k to 46a-80m, inclusive, or section 1 of this act;

2880 1 of 2 Raised Bill No.

425 (8) "Discriminatory practice" means a violation of section 4a-60, 4a- 60a, 4a-60g, 31-40y, subsection (b), (d), (e) or (f) of section 31-51i, subparagraph (C) of subdivision (15) of section 46a-54, subdivisions (16) and (17) of section 46a-54, section 46a-58, 46a-59, 46a-60, 46a-64, 46a-64c, 46a-66 [,] or 46a-68, sections 46a-68c to 46a-68f, inclusive, [or] sections 46a-70 to 46a-78, inclusive, subsection (a) of section 46a-80, [or] sections 46a-81b to 46a-81o, inclusive, [and] sections 46a-80b to 46a-80e, inclusive, [and] sections 46a-80k to 46a-80m, inclusive, or section 1 of this act;

Section 1 October 1, 2024 Section 1 New section Sec.

2 October 1, 2024 46a-51(8) StatementJUD ofJoint Purpose:Favorable Subst.

TosSB425 prohibit/ healthFile careNo. providers from discriminating against persons in the provision of health care services in the state.

that526 when2 thesSB425 entireFile text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.

2880526 2The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of 2the 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 expands the classification of certain discriminatory practices under the Commission on Human Rights and Opportunities (CHRO) laws and is not anticipated to result in a fiscal impact as it is anticipated that the CHRO will be able to accommodate the additional complaints with existing staff.

The Out Years State Impact:

None Municipal Impact:

None sSB425 / File No.

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526 OLR Bill Analysis sSB 425 AN ACT PROHIBITING DISCRIMINATION BY HEALTH CARE PROVIDERS IN THE PROVISION OF HEALTH CARE SERVICES IN THE STATE.

SUMMARY This bill specifically prohibits health care providers from refusing to provide health care services due to someone’s race, color, religion, sex, gender identity or expression, marital status, age, national origin, ancestry, intellectual disability, mental disability, learning disability, physical disability, including blindness, status as a veteran, or status as a domestic violence victim.

The bill classifies this as a discriminatory practice under the Commission on Human Rights and Opportunities (CHRO) laws.

By doing so, the bill allows people aggrieved by these violations, or CHRO itself, to file a complaint with CHRO alleging discrimination.

The bill specifies that it does not require the delivery of futile health care, affect the professional standard of care, or interfere with public health planning.

Under the bill, a “health care provider” is any person, corporation, facility, or institution licensed by the state to provide health care services, or their officers, employees, or agents acting in the course and scope of their employment.

Under existing law, it is generally a discriminatory practice to deny someone, based on similar protected classes as listed above, equal accommodations in any place of public accommodation (i.e., one that caters to or offers its services, facilities, or goods to the general public), subject to lawful conditions and limitations that apply alike to everyone sSB425 / File No.

526 4 sSB425 File No.

526 (CGS § 46a-64).

EFFECTIVE DATE:

October 1, 2024 BACKGROUND Related Federal Law Federal law prohibits discrimination in federally funded health programs or activities based on race, color, national origin, age, disability, or sex (including pregnancy, sexual orientation, and gender identity) (42 U.S.C.

§ 18116).

Among other related laws, the Americans with Disabilities Act prohibits discrimination based on disability in public accommodations, specifically including private hospitals or health care provider offices (42 U.S.C.