U.S. Senate

HR3590 (2009)
Patient Protection and Affordable Care Act

Blackburn Amendment

Filed 15 December, 2009

Introduction

This amendment was introduced by Senator Sam Blackburn to the original text of the protection of conscience provisions of HR3590. However, parliamentary procedures were used to keep this and other amendments from coming to a vote. [Administrator]

SEC. 1562. CONSCIENCE PROTECTION.

4 (a) PERMISSIBLE ACCOMMODATIONS.-Nothing in this Act (or an amendment made by this Act) shall be construed to-

(1) require a health plan or health insurance issuer to provide coverage of any item or service to which the health insurance issuer, purchaser, or plan sponsor has a moral or religious objection, or require such coverage for the purpose of-

(A) qualifying as a qualified health plan or participating in an Exchange; or

(B) being eligible for a premium tax credit or cost-sharing reduction or avoiding an assessable payment under section 4980H of the Internal Revenue Code of 1986 (as added by section 1513) or any other tax, assessment, or penalty; or

(2) require an individual or institutional health care provider to provide, participate in, or refer for an item or service to which such provider has a moral or religious objection, or require such conduct as a condition of contracting with a qualified health plan.

(b) NONDISCRIMINATION.-No person implementing this Act (or an amendment made by this Act) shall discriminate against a health plan, health insurance issuer, purchaser, plan sponsor, or individual or institutional health care provider based in whole or in part on an accommodation permitted under subsection (a).

(c) EXCEPTION.-Nothing in this section authorizes a health plan, health insurance issuer, or individual or institutional health care provider to deny all medical care or to deny life-preserving care to an individual based on the view that, because of a disability or other characteristic of such individual, extending the life or preserving the health of such individual is less valuable than extending the life or preserving the health of another individual who does not have such disability or other characteristic.