Conscience Protection Act of 2017
This bill amends the Public Health Service Act to codify the prohibition against the federal government and state and local governments that receive federal financial assistance for health-related activities penalizing or discriminating against a health care provider based on the provider's refusal to be involved in, or provide coverage for, abortion. Health care providers include health care professionals, health care facilities, social services providers, health care professional training programs, and health insurers.
The Office for Civil Rights of the Department of Health and Human Services, in coordination with the Department of Justice (DOJ), must investigate complaints alleging discrimination based on an individual's religious belief, moral conviction, or refusal to be involved in an abortion.
DOJ or any entity adversely affected by such discrimination may obtain equitable or legal relief in a civil action. Administrative remedies do not need to be sought or exhausted prior to commencing an action or granting relief. Such an action may be brought against a governmental entity.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 644 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 644
To amend the Public Health Service Act to prohibit governmental
discrimination against providers of health services that are not
involved in abortion.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 24, 2017
Mrs. Black (for herself, Mr. Fortenberry, Mr. Farenthold, Mr. Huizenga,
Mr. Roskam, Mr. Pittenger, Mr. Duncan of South Carolina, Mr. Kelly of
Mississippi, Mrs. Wagner, Mr. Gibbs, Mr. Banks of Indiana, Mrs.
Blackburn, Mr. Moolenaar, Mr. Mooney of West Virginia, Mr. Latta, Mr.
Jody B. Hice of Georgia, Mr. Cramer, Mr. Rothfus, Mr. Rodney Davis of
Illinois, Mr. Wenstrup, Mr. Stewart, Ms. Foxx, Mr. Jones, Mr. Hultgren,
Mrs. Noem, Mr. Smith of New Jersey, Mr. Carter of Georgia, Mr. Johnson
of Louisiana, Mr. Duncan of Tennessee, Mr. Yoder, Mr. Roe of Tennessee,
Mr. Walberg, Mr. Babin, Mr. Wilson of South Carolina, Mr. Scalise, Mr.
Lamborn, Mr. Palazzo, Mr. Mitchell, Mr. Bridenstine, Mr. Luetkemeyer,
Mr. Gohmert, Mr. Thomas J. Rooney of Florida, Mr. Brady of Texas, Mr.
Allen, Mr. Franks of Arizona, Mr. Guthrie, Mrs. Walorski, Mr. Marchant,
Mr. Kelly of Pennsylvania, Mr. Rokita, Mr. Hensarling, Mr. Olson, Mr.
Meadows, Mr. Chabot, Mr. Aderholt, Mr. Graves of Missouri, Mr. Johnson
of Ohio, Mr. Yoho, Mr. Fleischmann, Mr. Brat, Mr. Bilirakis, Mrs. Roby,
Mr. Loudermilk, Mr. Biggs, Mr. Poe of Texas, Mr. LaMalfa, Mr. Pearce,
Mr. Webster of Florida, Mr. Hudson, Mr. Perry, Mr. Hill, Mr.
Rutherford, and Mr. Harris) 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 governmental
discrimination against providers of health services that are not
involved in abortion.
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 ``Conscience Protection Act of 2017''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Thomas Jefferson stated a conviction common to our
Nation's founders when he declared in 1809 that ``[n]o
provision in our Constitution ought to be dearer to man than
that which protects the rights of conscience against the
enterprises of the civil authority''.
(2) In 1973, the Supreme Court concluded that the
government must leave the abortion decision ``to the medical
judgment of the pregnant woman's attending physician'',
recognizing that a physician may choose not to participate in
abortion. Roe v. Wade, 410 U.S. 113, 164 (1973). The Court
cited with approval a policy that ``neither physician,
hospital, nor hospital personnel shall be required to perform
any act violative of personally-held moral principles'', 410
U.S. at 143 n. 38, and cited State laws upholding this
principle. Doe v. Bolton, 410 U.S. 179, 197-8 (1973).
(3) Congress's enactments to protect this right of
conscience in health care include the Church amendment of 1973
(42 U.S.C. 300a-7), the Coats/Snowe amendment of 1996 (42
U.S.C. 238n), and the Weldon amendment approved by Congresses
and Presidents of both parties every year since 2004.
(4) None of these laws explicitly provides a ``private
right of action'' so victims of discrimination can defend their
conscience rights in court, and administrative enforcement by
the Department of Health and Human Services Office for Civil
Rights has been lax, at times allowing cases to languish for
years without resolution.
(5) Defying the Federal Weldon amendment, California's
Department of Managed Health Care has mandated coverage for all
elective abortions in all health plans under its jurisdiction.
Other States such as New York and Washington have taken or
considered similar action, and some States may go farther to
require all physicians and hospitals to provide or facilitate
abortions. On June 21, 2016, the Obama Administration concluded
a nearly two-year investigation of this matter by determining
that California's decision to require insurance plans under the
California Department for Managed Health Care authority to
cover all legal abortion services did not violate the Weldon
amendment. Until the new Administration is able to reverse this
finding, individuals will have to choose between ignoring their
conscience or forgoing health care coverage.
(6) The vast majority of medical professionals do not
perform abortions, with 86 percent of ob/gyns unwilling to
provide them in a recent study (Obstetrics & Gynecology, Sept.
2011) and the great majority of hospitals choosing to do so in
rare cases or not at all.
(7) A health care provider's decision not to participate in
an abortion, like Congress's decision not to fund most
abortions, erects no new barrier to those seeking to perform or
undergo abortions but leaves each party free to act as he or
she wishes.
(8) Such protection poses no conflict with other Federal
laws, such as the law requiring emergency stabilizing treatment
for a pregnant woman and her unborn child when either is in
distress (Emergency Medical Treatment and Active Labor Act). As
the previous Administration has said, these areas of law have
operated side by side for many years and both should be fully
enforced (76 Fed. Reg. 9968-77 (2011) at 9973).
(9) Reaffirming longstanding Federal policy on conscience
rights and providing a right of action in cases where it is
violated allows longstanding and widely supported Federal laws
to work as intended.
SEC. 3. PROHIBITING GOVERNMENTAL DISCRIMINATION AGAINST PROVIDERS OF
HEALTH SERVICES THAT ARE NOT INVOLVED IN ABORTION.
Title II of the Public Health Service Act (42 U.S.C. 202 et seq.)
is amended by inserting after section 245 the following:
``SEC. 245A. PROHIBITING GOVERNMENTAL DISCRIMINATION AGAINST PROVIDERS
OF HEALTH SERVICES THAT ARE NOT INVOLVED IN ABORTION.
``(a) In General.--Notwithstanding any other law, the Federal
Government, and any State or local government that receives Federal
financial assistance, may not penalize, retaliate against, or otherwise
discriminate against a health care provider on the basis that the
provider does not--
``(1) perform, refer for, pay for, or otherwise participate
in abortion;
``(2) provide or sponsor abortion coverage; or
``(3) facilitate or make arrangements for any of the
activities specified in this subsection.
``(b) Rule of Construction.--Nothing in this section shall be
construed--
``(1) to prevent any health care provider from voluntarily
electing to participate in abortions or abortion referrals;
``(2) to prevent any health care provider from voluntarily
electing to provide or sponsor abortion coverage or health
benefits coverage that includes abortion;
``(3) 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;
``(4) to affect, or be affected by, section 1867 of the
Social Security Act (42 U.S.C. 1395dd, commonly referred to as
the `Emergency Medical Treatment and Active Labor Act'); or
``(5) to supersede any law enacted by any State for the
purpose of regulating insurance, except as specified in
subsection (a).
``(c) 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, section 245 of this Act, or any of subsections (b)
through (e) of section 401 of the Health Programs Extension Act
of 1973; and
``(2) to pursue the investigation of such complaints in
coordination with the Attorney General.
``(d) Definitions.--For purposes of this section:
``(1) Federal financial assistance.--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.
``(2) Health care provider.--The term `health care
provider' means--
``(A) an individual physician, nurse, or other
health care professional;
``(B) a hospital, health system, or other health
care facility or organization (including a party to a
proposed merger or other collaborative arrangement
relating to health services, and an entity resulting
therefrom);
``(C) a provider-sponsored organization, an
accountable care organization, or a health maintenance
organization;
``(D) a social services provider that provides or
authorizes referrals for health care services;
``(E) a program of training in the health
professions or an applicant to or participant in such a
program;
``(F) an issuer of health insurance coverage; or
``(G) a group health plan or student health plan,
or a sponsor or administrator thereof.
``(3) State or local government that receives federal
financial assistance.--The term `State or local government that
receives Federal financial assistance' 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.
``SEC. 245B. CIVIL ACTION FOR CERTAIN VIOLATIONS.
``(a) In General.--A qualified party may, in a civil action, obtain
appropriate relief with regard to a designated violation.
``(b) Definitions.--For purposes of this section:
``(1) Qualified party.--The term `qualified party' means--
``(A) the Attorney General of the United States; or
``(B) any person or entity adversely affected by
the designated violation.
``(2) Designated violation.--The term `designated
violation' means an actual or threatened violation of--
``(A) section 245 or 245A of this Act; or
``(B) any of subsections (b) through (e) of section
401 of the Health Programs Extension Act of 1973
regarding an objection to abortion.
``(c) Administrative Remedies Not Required.--An action under this
section may be commenced, and relief may be granted, without regard to
whether the party commencing the action has sought or exhausted
available administrative remedies.
``(d) Defendants in Actions Under This Section May Include
Governmental Entities as Well as Others.--
``(1) In general.--An action under this section may be
maintained against, among others, a party that is a Federal or
State governmental entity. Relief in an action under this
section may include money damages even if the defendant is such
a governmental entity.
``(2) Definition.--For the purposes of this subsection, the
term `State governmental entity' means a State, a local
government within a State, and any agency or other governmental
unit or subdivision of a State or of such a local government.
``(e) Nature of Relief.--In an action under this section, the court
shall grant--
``(1) all necessary equitable and legal relief, including,
where appropriate, declaratory relief and compensatory damages,
to prevent the occurrence, continuance, or repetition of the
designated violation and to compensate for losses resulting
from the designated violation; and
``(2) to a prevailing plaintiff, reasonable attorneys' fees
and litigation expenses as part of the costs.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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