50-4-1102. Right of conscience for health care institutions and health care payers -- immunity -- exceptions. (1) (a) A health care institution or health care payer may not be required to participate in or pay for a health care service that violates the health care institution's or health care payer's conscience, including by permitting the use of its facilities.

(b) An insurance company shall list any health care service that it may refuse to pay for on the basis of conscience in the applicable policy.

(2) Except as provided in subsection (5), refusal to participate in or pay for a health care service under this section may not give rise to liability of the health care institution or health care payer for damages allegedly arising from the refusal or be the basis for any discrimination, discipline, or other recriminatory action against the health care institution, health care payer, or any personnel, agent, or governing board.

(3) Nothing in this section may be construed to relieve a health care institution of the requirement to provide emergency medical treatment to all patients set forth in 42 U.S.C. 1395dd.

(4) This section is supplemental to and may not be construed as modifying or limiting the rights and remedies provided in Title 50, chapter 5, part 5, and 50-20-111.

(5) The immunity provisions of this section do not apply to a health care institution or health care payer owned or operated by the state or a political subdivision of the state.