Sec. 3. Applying longstanding policy on conscience rights to the Affordable Care Act

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Title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) is amended— by redesignating the second section 1563 (relating to conforming amendments and as redesignated by section 10107(b)(1) of the Patient Protection and Affordable Care Act) as section 1564; by redesignating the third section 1563 (relating to the Sense of the Senate promoting fiscal responsibility) as section 1565; and by adding at the end the following new section: Notwithstanding any other provision of this title, no provision of this title (and no amendment made by any such provision) shall— require an individual to purchase individual health insurance coverage that includes coverage of an abortion or other item or service to which such individual has a moral or religious objection, or prevent an issuer from offering or issuing, to such individual, individual health insurance coverage that excludes such item or service; require a sponsor (or, in the case of health insurance coverage offered to students through an institution of higher education, the institution of higher education offering such coverage) to sponsor, purchase, or provide any health benefits coverage or group health plan that includes coverage of an abortion or other item or service to which such sponsor or institution, respectively, has a moral or religious objection, or prevent an issuer from offering or issuing to such sponsor or institution, respectively, health insurance coverage that excludes such item or service; require an issuer of health insurance coverage or the sponsor of a group health plan to include, in any such coverage or plan, coverage of an abortion or other item or service to which such issuer or sponsor has a moral or religious objection; or authorize the imposition of a tax, penalty, fee, fine, or other sanction, or the imposition of coverage of the item or service to which there is a moral or religious objection, in relation to health insurance coverage or a group health plan that excludes an item or service pursuant to this section.

No provision in this title (or amendment made by such provision) or law, regulation, guideline or other governmental action that implements such provision or amendment, or derives its authority therefrom, shall be given legal effect to the extent that it violates this section. Nothing in this section shall be construed to preempt, modify, or otherwise have any effect on— the Civil Rights Act of 1964; the Americans with Disabilities Act of 1990; the Pregnancy Discrimination Act of 1978; the Mental Health Parity Act of 1996; or any other State or Federal law, other than a provision in this title (or an amendment made by such provision) or a law, regulation, guideline or other governmental action that implements such provision or amendment or derives its authority therefrom.

Nothing in this section shall be construed to prohibit the Secretary from issuing regulations or other guidance to ensure that health insurance coverage or group health plans excluding abortion or other items or services under this section shall have an aggregate actuarial value at least equivalent to that of health insurance coverage or group health plans at the same level of coverage that do not exclude such items or services. Nothing in this section shall be construed to permit a health insurance issuer, group health plan, or other health care provider to act in a manner inconsistent with subparagraph

(B)or

(D)of section 1302(b)(4). . The table of contents of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) is amended— by striking the following items: 1563. Conforming amendments. 1563. Sense of the Senate promoting fiscal responsibility. ; and by inserting after the item relating to the section 1563 relating to small business procurement the following items: 1564. Conforming amendments. 1565. Sense of the Senate promoting fiscal responsibility. 1566. Respecting conscience rights in health coverage. .

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Pub. L. 111-148

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Sec. 3

Applying longstanding policy on conscience rights to the Affordable Care Act

Pub. L.Pub. L. 111-148

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