Bill
LB 655
LB 655 creates conscience-based rights for providers/payors to opt out of services, with required notice/recording, non-discrimination, and AG enforcement.
LB 655 – Summary
Overview
- Bill number: LB 655
- Title: Provide for medical conscience-based objections
- Purpose: Establish and protect the right of conscience for health care providers and payors to abstain from participating in or paying for health care services based on sincerely held religious, moral, or ethical beliefs.
- Introduced: January 22, 2025
- Committee: Health and Human Services
- Hearing: February 21, 2025
- Principal Introducer: Senator Dave Murman
What the bill would do
- Create conscience-based rights
- Allows a health care provider or health care payor to opt out of participation in, or payment for, any health care service if doing so would violate their conscience.
- Defines conscience-based objection according to the entity’s governing documents, directives, mission statements, bylaws, policies, or similar ethical/religious guidelines.
- Notification requirements
- A provider must provide written notice of the conscience-based objection at the time it is declared, or as soon as practicable thereafter.
- The provider must document the objection in the patient’s medical record.
- If a patient seeks a service the provider objects to, the provider must inform the patient prior to scheduling that the service is not provided by that provider.
- If the provider is a student, written notice must be given to the educational institution through the appropriate supervisor or employer at the time the objection is made, or as soon as practicable thereafter.
- Scope and limitations
- The right to conscientious objection does not waive other duties: providers must still comply with legal informed consent requirements and must continue to provide non-objected services.
- The objection may not be used to discriminate based on race, color, religion, sex, or national origin, nor to opt out of services unrelated to the conscience-based objection.
- Protections against retaliation
- Prohibits discrimination or adverse actions against a provider or payor for exercising conscience-based objections.
- Prohibits retaliation for reporting potential violations or for participating in related investigations or proceedings.
- Definitions (key terms)
- Adverse action: actions like discharge, transfer, demotion, discipline, suspension, revocation of privileges, salary/benefit reductions, or other retaliatory actions.
- Health care service: any medical research, procedure, service, testing, diagnosis, referral, dispensing/administering drugs or devices, therapy, counseling, or related care.
- Health care payor: entities that pay for or arrange payment for health care services (insurers, employers, health plans, MSOs, etc.).
- Educational institution: schools, colleges, or universities (public or private).
- Participate/participation: any form of payment or involvement in providing or facilitating a health care service.
- Right of medical conscience: the right to adhere to sincerely held beliefs as reflected in governing documents or ethical guidelines.
- Enforcement and remedies
- Allows a health care provider or payor to file complaints with the Nebraska Attorney General for alleged violations of the act.
- If a violation is found, the Attorney General may pursue civil actions for damages, injunctive relief, or other appropriate remedies.
Who would be affected
- Health care providers (including students in training)
- Health care payors (insurers, employers, health plans, health care sharing organizations, etc.)
- Educational institutions (public and private)
- Patients seeking care from objecting providers or paying for services through objecting payors
Procedural and timeline notes
- Status: Notice of hearing scheduled for February 21, 2025
- Draft language centers on sections 1 through 7 (as referenced in the bill text), outlining rights, procedures, and enforcement mechanisms
- The bill positions conscience-based objections as a fundamental access/participation right while maintaining patient safety and non-discrimination safeguards
Why it matters (implications)
- Could broaden the ability of providers and payors to decline services aligned with their beliefs.
- Establishes formal documentation and notification obligations to inform patients and institutions.
- Creates a potential pathway for enforcement through the Attorney General, including civil remedies for violations.
- Balances conscience rights with continuing requirements to provide non-objected services and informed consent, and prohibits discrimination or retaliation against objecting parties.
Compiled from official sources — confirm details with the bill’s official record.
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