Sec. 5. Remedies for violations of Federal conscience laws
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/bill/113/hr/940/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title II of the Public Health Service Act ( 42 U.S.C. 202 et seq. ) is amended by inserting after section 245 the following: A qualified party may, in a civil action, obtain appropriate relief with regard to a designated violation. In this section— the term qualified party means— the Attorney General; or any person or entity adversely affected by the designated violation; and the term designated violation means an actual or threatened violation of section 245 of this Act, section 1566 of the Patient Protection and Affordable Care Act, or any of subsections
(b)through
(e)of section 401 of the Health Programs Extension Act of 1973. An action under this section may be commenced, and relief may be granted, without regard to whether the party commencing the action has sought or exhausted available administrative remedies. An action under this section may be maintained against, among others, a party that is a Federal or State governmental entity. Relief in an action under this section may include money damages even if the defendant is such a governmental entity. For the purposes of this subsection, the term State governmental entity means a State, a local government within a State, or any agency or other governmental unit or authority of a State or of such a local government. The court shall grant— all necessary equitable and legal relief, including, where appropriate, declaratory relief and compensatory damages, to prevent the occurrence, continuance, or repetition of the designated violation and to compensate for losses resulting from the designated violation; and to a prevailing plaintiff, reasonable attorneys’ fees and litigation expenses as part of the costs. .
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Sec. 5
Remedies for violations of Federal conscience laws
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