Health care providers and insurers in Florida could opt out of providing or paying for health care services, such as abortion, that violate their conscience and under a 2023 state law, they cannot be sued in court for denying the care based on their beliefs.
Two Northeast Florida Republicans have filed bills that would allow those health care providers and insurance companies to file lawsuits for damages, injunctive relief and attorneys fees for adverse action taken against them for exercising their medical conscience rights.
HB 551 is sponsored by Rep. Dean Black; Sen. Clay Yarborough is offering the identical Senate companion bill, SB 670.
“Well, I think in this situation, the concern is that a provider — a doctor, a nurse, a lab tech — whatever, is being compelled to perform a service that violates their conscience. … So, think, you know, being forced to perform transgender surgery or an abortion, something like that,” Black told the Florida Phoenix.
“Those would be two examples that would commonly jump to mind. And that’s not meant to be an exhaustive list, but those would be two things.”
Black and Yarborough both represent parts of Nassau and Duval counties. But Black said the civil enforcement provision isn’t being driven by local constituents. It’s left over from the 2023 Session, when the original law was passed.
“There were lots of people that were interested in similar language before. That hasn’t stopped, and there’s a steady stream of people that are not letting that go. They still feel that there’s unfinished business there. And Sen. Yarborough and I agree,” Black said.
Existing law
The law defines “conscience-based objection” as one based on a “sincerely held religious, moral, or ethical belief.” And it says a health care provider “may not be discriminated against or suffer adverse action” because they declined to participate in or pay for a health care procedure.
The 2023 legislation was hotly debated and closely watched by advocates for gay, transgender and women’s health care who worry that it gave physicians and payors legal protections to discriminate against patients. It was closely tracked by the Florida Justice Association and insurance companies, in part due to the civil enforcement provisions.
As initially filed, the 2023 law would have allowed health care providers whose medical conscience rights were violated to file civil suits, as Black and Yarborough are pushing for in the coming Session.
But after robust lobbying efforts, the 2023 bill sponsor, Rep. Joel Rudman, offered an amendment to his bill deleting the civil enforcement language. Instead, the Legislature agreed to a regulatory scheme that required health care providers and insurance companies that allege their rights have been violated to file complaints with the Attorney General’s Office. If that office determines the law has been violated, the office can file a civil suit.
The law authorizes the AG’s Office to take depositions; make inspections; issue and serve subpoenas; compel the attendance of witnesses; and require the production of books, papers, documents and other evidence while investigating the complaints.
It’s not clear how many providers have filed complaints with the AG’s Office, which did not immediately respond to Florida Phoenix’s request for information.
Black noted the existing law permits, but doesn’t require, the AG’s Office to file civil suits for substantiated complaints and described enforcement efforts to date as “nebulous.”
But Black also stressed that the legislation isn’t about Attorney General James Uthmeier’s performance. Instead, it’s about ensuring people have protections under the law, regardless of who is elected AG of Florida, he said.
‘Put the power in the hands of health care providers’
The 2026 legislation wouldn’t unravel the complaint process, delete the AG’s ability to investigate alleged violations, or strip the AG’s ability to file civil litigation. But it would allow those who filed complaints to move ahead with their own civil suits if the AG’s Office hasn’t acted within six months.
“What we’re aware of is there are people in the medical community who are concerned about not having the protections that the new bill would afford them. You’re relying upon the AG, which right now the AG might really jump on that energetically if there was a violation of existing law,” Black said.
“But who’s to say who the AG would be in future years? And never mind that. We also just think it’s a good idea to put the power in the hands of the health care providers and let them avail themselves of remedies under the civil justice system.”
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Reporting by Christine Sexton and Livia Caputo. Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: [email protected].