Pennsylvania's new health care law codifies a right many small clinics and facilities didn't know they had—and creates obligations they must meet immediately.
Most Pennsylvania health care business owners don't realize that HB2701, signed into law in 2024, gives their institutions a new legal right to refuse to provide care that conflicts with their conscience-based policies. But the law also imposes strict compliance requirements that kick in 180 days after enactment. Understanding both sides is essential to staying compliant and protecting your business.
Under § 5424 of HB2701 (pages 12–13), health care institutions—including small clinics, nursing facilities, home health agencies, and similar operations—may now refuse to provide care or services that conflict with their institutional conscience policies. This is a codified right, meaning it's now written into Pennsylvania law rather than left to interpretation or case law.
The catch: refusal is not absolute. The law requires that when a health care institution refuses care on conscience grounds, it must immediately attempt to transfer the patient to another willing provider. Until that transfer is completed, the institution must continue to provide life-sustaining care. This is not optional.
This provision applies to any health care institution operating in Pennsylvania—not just hospitals. If you run a small clinic, urgent care center, nursing facility, home health agency, hospice, or similar operation, this law affects you. The definition of "health care institution" in HB2701 is broad enough to cover most organized health care delivery settings.
To comply, your institution needs to take three concrete steps:
1. Document your conscience policies. You must have written, clear policies that specify which services or care your institution will and will not provide based on conscience grounds. Vague or informal policies won't satisfy the law.
2. Communicate policies to patients and staff. Your policies must be made known to patients, prospective patients, and your staff. This prevents surprises and demonstrates good-faith transparency.
3. Establish a transfer protocol. You must have a system in place to immediately attempt to transfer patients whose care you refuse to another willing provider. "Immediately" means without delay—not tomorrow, not after consultation. You also must continue providing life-sustaining care until transfer is complete. Document these attempts.
HB2701 became effective 180 days after enactment (Section 12). This means your compliance obligations are already in effect. If you have not yet established documented policies, communicated them, and created a transfer protocol, you should do so now.
This law protects your institution's values and autonomy—but only if you follow the rules. Failure to attempt immediate transfer or to provide life-sustaining care in the interim could expose you to liability. Conversely, having clear, documented policies and procedures protects you legally and demonstrates responsible governance to regulators, patients, and staff.
The law is now in effect. The time to act is now.
Source: HB2701, § 5424 (pages 12–13); Section 12 (effective date provision). For a detailed, institution-specific compliance checklist, consult your legal counsel or industry association.