Sec. 3. Prohibiting discrimination against health care entities that do not participate in abortion
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/bill/118/hr/8857/ih/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 individual 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 entity on the basis that such health care entity does not or declines to— provide, 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 entity from voluntarily electing to participate in abortions or abortion referrals where not prohibited by any other law; to prevent any health care entity 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, any Federal law that requires stabilizing treatment for a pregnant woman or her unborn child when either needs emergency care; or to supersede any law enacted by any State for the purpose of regulating insurance, except as specified in subsection (a).
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 entity 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; 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. .
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Sec. 3
Prohibiting discrimination against health care entities that do not participate in abortion
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