Sec. 3. Prohibiting discrimination against health care providers that do not participate in abortion
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/bill/117/s/401/is/section-3A 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: Notwithstanding any other law, the Federal Government, and any person or entity that receives Federal financial assistance, including any State or local government, may not penalize, retaliate against, or otherwise discriminate against a health care provider on the basis that the provider does not or declines to— perform, refer for, pay for, or otherwise participate in abortion; provide or sponsor abortion coverage; or facilitate or make arrangements for any of the activities specified in this subsection.
Nothing in this section shall be construed— to prevent any health care provider from voluntarily electing to participate in abortions or abortion referrals where not prohibited by any other law; to prevent any health care provider from voluntarily electing to provide or sponsor abortion coverage or health benefits coverage that includes abortion where not prohibited by any other law; to prevent an accrediting agency, the Federal Government, or a State or local government from establishing standards of medical competency applicable only to those who have knowingly, voluntarily, and specifically elected to perform abortions, or from enforcing contractual obligations applicable only to those who, as part of such contract, knowingly, voluntarily, and specifically elect to provide abortions; to affect, or be affected by, section 1867 of the Social Security Act ( 42 U.S.C. 1395dd , commonly referred to as the Emergency Medical Treatment and Active Labor Act ); or to supersede any law enacted by any State for the purpose of regulating insurance, except as specified in subsection (a).
The Secretary— may issue regulations under— this section; the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb et seq.), with respect to any program or activity funded, administered, or conducted by the Department of Health and Human Services; any of subsections
(b)through
(e)of section 401 of the Health Programs Extensions Act of 1973 ( 42 U.S.C. 300a–7 ) regarding an objection based on a religious belief or moral conviction; and any other law protecting the exercise of conscience or religious freedom under programs or activities funded, administered, or conducted by the Department of Health and Human Services, including any laws listed under the final rule issued by the Secretary of Health and Human Services titled Protecting Statutory Conscience Rights in Health Care; Delegations of Authority (84 Fed. Reg. 23170; May 21, 2019); shall designate the Director of the Office for Civil Rights of the Department of Health and Human Services— to receive complaints alleging a violation of any provision of this section or any provision of law referred to or listed under paragraph (1); and to promptly investigate such complaints, issue findings, and require corrective action in cases of such a violation; and shall, as permitted under law (including the Constitution of the United States), induce compliance of a person or entity, including a State or local government, refusing to comply with a provision of this section, or any provision of law referred to or listed under paragraph (1), by terminating, in whole or in part, any Federal financial assistance provided by the Secretary to such person or entity. For purposes of this section: The term Federal financial assistance means Federal payments to cover the cost of health care services or benefits, or other Federal payments, grants, or loans to promote or otherwise facilitate health-related activities. The term health care provider includes— an individual physician, health care assistant, nurse, pharmacist, health researcher, or other health care personnel; a hospital, laboratory, pharmacy, health system, or other health care or medical research facility or organization (including a party to a proposed merger or other collaborative arrangement relating to health services, and an entity resulting therefrom); a provider-sponsored organization, an accountable care organization, or a health maintenance organization; a social services provider that provides or authorizes referrals for health care services; a program of training or education in the health professions or medical research, a participant in such a program, or any individual applying or otherwise aspiring to participate in such a program; an issuer of health insurance coverage or of a health plan; or a health care sharing ministry; a health insurance plan, including group, individual, or student health plans, or a sponsor or administrator thereof; or any other health care organization, program, facility, or plan. The term State or local government includes every agency and other governmental unit and subdivision of a State or local government, if such State or local government, or any agency or governmental unit or subdivision thereof, receives Federal financial assistance. A qualified party may, in a civil action, obtain appropriate relief with regard to a designated violation. For purposes of this section: The term qualified party means— the Attorney General of the United States; or any person or entity adversely affected by the designated violation without regard to whether such person or entity is a health care provider. The term designated violation means an actual or threatened violation of section 245A or of any other provision of law referred to or listed under section 245A(c)(1). 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 any available administrative remedies. An action under this section may be maintained against any person or entity receiving Federal financial assistance, including a State governmental entity. Relief in an action under this section may include money damages even if the defendant is a governmental entity. For the purposes of this subsection, the term State governmental entity means a State, a local government within a State, and any agency or other governmental unit or subdivision of a State, or of such a local government. In an action under this section, the court shall grant— all appropriate relief, including injunctive relief, 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 costs. .
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- 42 USC 300a–7
- 84 FR 23170
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Sec. 3
Prohibiting discrimination against health care providers that do not participate in abortion
Cite42 USC 300a–7
Fed. Reg.84 FR 23170
Cites 5Cited by 0 across 0 sources