Sec. 6. Rights and protections
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/bill/118/hr/4303/ih/section-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
All persons have a fundamental right to make and effectuate decisions about abortion and miscarriage. Pursuant to this right the Government may not: Deny, interfere with, or restrict the right of any person to obtain an abortion. Penalize any person for providing, assisting, supporting, or facilitating another person’s abortion or miscarriage. Penalize an individual for seeking, inducing, or attempting to induce, the individual’s own abortion or alleged abortion. Any person aggrieved by a violation of this Act may bring a civil action for a such violation against a Federal, State, or local government in an appropriate district court of the United States.
The Secretary of Health and Human Services shall revise section 164.512 of title 42, Code of Federal Regulations, and any associated regulations under the HIPAA privacy and security law (as defined in section 3009 of the Public Health Service Act ( 42 U.S.C. 300jj–19 )) to clarify that such regulations expressly prohibit disclosures of personal health information without authorization to law enforcement officials, including immigration officials, in cases involving reproductive and sexual health, including in case of a miscarriage, abortion (whether self-managed or otherwise), or stillbirth.
Notwithstanding any other provision of law, in order to ensure that an individuals’ access to abortion services is protected, this Act shall prohibit immigration enforcement actions within 2,000 feet of any health care facility. The prohibition under paragraph
(1)shall apply to— any officer or agent of the Department of Homeland Security, including any officer or agent of the U.S. Immigration and Customs Enforcement or the U.S. Customs and Border Protection; or any State or local employee pursuing immigration enforcement actions. The term health care facility includes— any institution, entity, or agency that provides health care services; and any community pharmacy, hospital, doctor’s office, health clinic, family planning clinic, emergent or urgent care facility, or community health center. Neither a State that enforces or maintains, nor a government official who is permitted to implement or enforce any limitation or requirement that violates this Act shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement, unless such immunity is required by clearly established Federal law, as determined by the Supreme Court of the United States. This Act supersedes and applies to all Federal law, and the implementation of that law, whether statutory or otherwise, and whether adopted before or after the date of enactment of this Act and is not subject to the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb et seq. ).
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- 42 USC 300jj–19
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