Abortion Non-Discrimination Act of 2011 - Amends the Public Health Service Act to codify provisions that prohibit the federal government and any state or local government that receives federal financial assistance from subjecting any health professional, a hospital, a provider sponsored organization, a health maintenance organization, an accountable care organization, a health insurance plan, or any other kind of health care facility, organization, or plan to discrimination on the basis that the entity refuses to participate in abortion-related activities.
Creates a cause of action for any violation of the abortion discrimination provisions. Gives federal courts jurisdiction to prevent and redress actual or threatened violations of such provisions by issuing any form of legal or equitable relief, including injunctions and orders preventing the disbursement of all or a portion of federal financial assistance until the prohibited conduct has ceased. Gives standing to institute an action to affected health care entities and the Attorney General.
Requires the Secretary of Health and Human Services to designate the Director of the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive and investigate complaints alleging a violation of abortion discrimination provisions.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 361 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 361
To amend the Public Health Service Act to prohibit certain abortion-
related discrimination in governmental activities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 20, 2011
Mr. Fleming (for himself and Mr. Boren) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to prohibit certain abortion-
related discrimination in governmental activities.
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 ``Abortion Non-Discrimination Act of
2011''.
SEC. 2. ABORTION NON-DISCRIMINATION.
Section 245 of the Public Health Service Act (42 U.S.C. 238n) is
amended--
(1) in the section heading, by striking ``and licensing of
physicians'' and inserting ``, licensing, and practice of
physicians and other health care entities'';
(2) in subsection (a), by amending paragraph (1) to read as
follows:
``(1) the entity refuses--
``(A) to undergo training in the performance of
induced abortions;
``(B) to require or provide such training;
``(C) to perform, participate in, provide coverage
of, or pay for induced abortions; or
``(D) to provide referrals for such training or
such abortions;'';
(3) in subsection (b), by striking ``an accreditation
standards that requires'' and inserting ``an accreditation
standard that requires'';
(4) in subsection (c), by amending paragraphs (1) and (2)
to read as follows:
``(1) The term `financial assistance', with respect to a
government program, means governmental 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.
``(2) The term `health care entity' includes an individual
physician or other health professional, a postgraduate
physician training program, a participant in a program of
training in the health professions, a hospital, a provider
sponsored organization, a health maintenance organization, an
accountable care organization, a health insurance plan, or any
other kind of health care facility, organization, or plan.'';
(5) in subsection (c), by adding a new paragraph (4) as
follows:
``(4) The term `State or local government that receives
Federal financial assistance' includes any agency or other
governmental unit of a State or local government that receives
Federal financial assistance.''.
(6) by redesignating subsection (c) as subsection (e); and
(7) by inserting after subsection (b) the following:
``(c) Remedies.--
``(1) 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--
``(A) injunctions prohibiting conduct that violates
this section; and
``(B) 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 section has ceased.
``(2) Commencement of action.--An action under this section
may be instituted by--
``(A) any health care entity that has standing to
complain of an actual or threatened violation of this
section; or
``(B) the Attorney General of the United States.
``(d) Administration.--The Secretary shall designate the Director
of the Office for Civil Rights of the Department of Health and Human
Services--
``(1) to receive complaints alleging a violation of this
section; and
``(2) to pursue the investigation of such complaints, in
coordination with the Attorney General.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line