I 112th CONGRESS 2d Session H. R. 5650 IN THE HOUSE OF REPRESENTATIVES May 9, 2012 Mr. Dold introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title X of the Public Health Service Act to provide for no discrimination under the family planning program under such title on the basis of separate provision of abortion.

1.

Short title

This Act may be cited as the Protecting Women’s Access to Health Care Act.

2.

Findings

Congress finds the following: (1)The family planning program under title X of the Public Health Service Act was created in 1970 to ensure low-income women have access to birth control, breast and cervical cancer screenings, and other basic health care services. (2)Under current law, funds provided under such title X cannot be used in programs where abortion is a method of family planning. (3)Federal courts have consistently held that it is a violation of Federal law for States to discriminate against health care providers by excluding such providers from participating in title X on the basis that such providers provide abortion services using funds that are not provided under such title X (referred to in this section as non-title X funding). (4)Despite these court findings, State and local governments continue to seek to pass laws intended to prevent health care providers from being eligible for funding under such title X on the basis that such providers provide abortion services with non-title X funding. (5)These State laws threaten access to lifesaving cancer screenings, birth control, and screenings for sexually transmitted infections for women across the country. (6)Therefore, this Act clarifies and reaffirms existing Federal law that prohibits a Federal agency or program or a State or local government from excluding qualified health care providers from participating in the Federal title X program on the basis of the scope of practice of such providers and the provision by such providers of abortion services with non-title X funding.

3.

No discrimination under the title X family planning program on basis of separate provision of abortion with non-title X funding

Title X of the Public Health Service Act is amended by adding at the end the following new section:

1009.

No discrimination on basis of separate provision of abortion with non-title X funding

(a)

In general

Any entity that receives a grant or contract under this title may not subject any institutional or individual health care entity to discrimination on the basis of whether the health care entity separately provides or refers for abortions, provides employees coverage of abortions, or provides or requires training in the performance of abortions. (b)

Health care entity defined

In this section, the term health care entity includes an individual physician or other health care professional, a hospital, or any other kind of health care facility or organization.

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