U.S. House of Representatives

Bill HR358 (2011)

Protect Life Act

Introduction

This bill was introduced by Mr. Pitts for himself and others on 20 January, 2011. What follows are extracts from the bill that deal with protecting freedom of conscience. The bill passed the House of Representatives, was received in the Senate and referred to the Senate Committee on Finance. It did not progress further.

112th CONGRESS
1st Session

IN THE HOUSE OF REPRESENTATIVES

A BILL

To amend the Patient Protection and Affordable Care Act to modify special rules relating to coverage of abortion services under such Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Protect Life Act'.

SEC. 2. MODIFYING SPECIAL RULES RELATING TO COVERAGE OF ABORTION SERVICES UNDER THE PATIENT PROTECTION AND AFFORDABLE CARE ACT TO CONFORM TO LONG-STANDING FEDERAL POLICY.

(a) In General- Section 1303 of the Patient Protection and Affordable Care Act (Public Law 111-148), as amended by section 10104(c) of such Act, is amended--

(1) . . .

(2) . . .

(3) by amending subsection (b) to read as follows:

(b) Special Rules Relating to Training in and Coverage of Abortion Services- Nothing in this Act (or any amendment made by this Act) shall be construed to require any health plan to provide coverage of or access to abortion services or to allow the Secretary or any other Federal or non-Federal person or entity in implementing this Act (or amendment) to require coverage of, access to, or training in abortion services.

(4) . . .

(5) in subsection (e), as redesignated by paragraph (1)--

(A) in the heading, strike `Regarding Abortion';

(B) in the heading of each of paragraphs (1) and (2), strike each place it appears `REGARDING ABORTION'; and

(C) in paragraph (1), by striking `regarding the prohibition of (or requirement of) coverage, funding, or' and inserting `protecting conscience rights, restricting or prohibiting abortion or coverage or funding of abortion, or establishing';

(D) in paragraph (2)(A), by striking `Nothing' and inserting `Subject to subsection (g), nothing'; and

(6) by adding at the end the following new subsection:

(g) Nondiscrimination on Abortion-

(1) NONDISCRIMINATION- A Federal agency or program, and any State or local government that receives Federal financial assistance under this Act (or an amendment made by this Act), may not subject any institutional or individual health care entity to discrimination, or require any health plan created or regulated under this Act (or an amendment made by this Act) to subject any institutional or individual health care entity to discrimination, on the basis that the health care entity refuses to--

(A) undergo training in the performance of induced abortions;

(B) require or provide such training;

(D) provide referrals for such training or such abortions.

(2) DEFINITION- In this subsection, the term `health care entity' includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan.

(3) REMEDIES-

(A) IN GENERAL- The courts of the United States shall have jurisdiction to prevent and redress actual or threatened violations of this section by issuing any form of legal or equitable relief, including--

(i) injunctions prohibiting conduct that violates this subsection; and

(ii) orders preventing the disbursement of all or a portion of Federal financial assistance to a State or local government, or to a specific offending agency or program of a State or local government, until such time as the conduct prohibited by this subsection has ceased.

(B) COMMENCEMENT OF ACTION- An action under this subsection may be instituted by--

(i) any health care entity that has standing to complain of an actual or threatened violation of this subsection; or

(ii) the Attorney General of the United States.

(4) ADMINISTRATION- The Secretary shall designate the Director of the Office for Civil Rights of the Department of Health and Human Services--

(A) to receive complaints alleging a violation of this subsection; and

(B) to pursue investigation of such complaints in coordination with the Attorney General.

(b) . . .