[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1489 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1489

  To prohibit discrimination and retaliation against individuals and 
   health care entities that refuse to recommend, refer for, provide 
  coverage for, pay for, provide, perform, assist, or participate in 
                               abortions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2011

   Mr. Casey introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To prohibit discrimination and retaliation against individuals and 
   health care entities that refuse to recommend, refer for, provide 
  coverage for, pay for, provide, perform, assist, or participate in 
                               abortions.

    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 ``The Health Care Provider and 
Hospital Conscience Protection Act''.

SEC. 2. CONSCIENCE PROTECTION.

    (a) Nondiscrimination.--Neither the Federal Government nor a State 
or local government that receives Federal financial assistance shall 
discriminate or retaliate against any individual or health care entity 
because of the refusal by the individual or health care entity to 
recommend, refer for, provide coverage for, pay for, provide, perform, 
assist, or participate in, any abortion.
    (b) Scope.--Discrimination and retaliation prohibited under 
subsection (a) includes--
            (1) denial, deprivation, or disqualification in licensing;
            (2) withholding accreditations, authorizations, loans, 
        grants, aids, assistance, benefits, or privileges; and
            (3) withholding authorization to expand, improve, finance, 
        or create facilities or programs.

SEC. 3. JUDICIAL RELIEF.

    (a) Cause of Action.--An individual or health care entity aggrieved 
by a violation of this Act may file a civil action in a district court 
of the United States.
    (b) Remedies.--In a civil action filed under subsection (a), a 
court may order any form of legal or equitable relief, including--
            (1) injunctive relief prohibiting conduct that violates 
        this Act; and
            (2) an order preventing the disbursement of all or a 
        portion of Federal financial assistance to a State government 
        that receives Federal financial assistance until such time as 
        the conduct prohibited by this Act has ceased.
    (c) Enforcement by the United States.--The Attorney General may 
file a civil action seeking injunctive or declaratory relief to enforce 
compliance with this Act.
    (d) Administration.--The Secretary of Health and Human Services 
shall designate the Director of the Office of Civil Rights of the 
Department of Health and Human Services--
            (1) to receive complaints alleging a violation of this Act; 
        and
            (2) to pursue the investigation of such complaints in 
        coordination with the Attorney General of the United States.

SEC. 4. RULES OF CONSTRUCTION.

    (a) Subsequently Enacted Federal Law.--Federal statutory law and 
regulations adopted after the date of enactment of this Act are subject 
to the requirements of this Act unless such law explicitly excludes 
such application by reference to this Act.
    (b) Broad Construction.--This Act shall be construed in favor of 
broad conscience protection for individuals and health care entities, 
to the maximum extent permitted by the terms of this Act and the 
Constitution of the United States.
    (c) Severability.--If any provision of this Act or any application 
of such provision to any person or circumstance, is held to be 
unconstitutional, the remainder of this Act and the application of the 
provision to any other person or circumstance shall not be affected.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) The term ``Federal Government'' means the United 
        States, including branches, departments, agencies, 
        instrumentalities, and officials of the United States.
            (2) The term ``State government that receives Federal 
        financial assistance'' means with respect to the receipt of 
        Federal financial assistance--
                    (A) a State (including the District of Columbia, 
                the Commonwealth of Puerto Rico and each territory and 
                possession of the United States);
                    (B) any county, municipality, or other governmental 
                entity created under the authority of such a State; and
                    (C) any branch, department, agency, 
                instrumentality, or official of such a State or of an 
                entity described in paragraph (B).
            (3) The term ``individual'' means any individual physician, 
        nurse, other health care professional, student in a health care 
        professional program, or any other person engaged in training 
        for or providing health care services.
            (4) The term ``health care entity'' means any hospital, 
        provider sponsored organization, accountable care organization, 
        health maintenance organization, health insurance plan, or any 
        other health care facility, organization, or plan.
            (5) The term ``Federal financial assistance'' means 
        payments by the Federal Government to cover, in whole or in 
        part, the cost of health care items, services or benefits, or 
        other payments, grants, or loans by the Federal Government to 
        promote or facilitate health care services, including, but not 
        limited to, payments provided as reimbursement for the 
        provision of health care items or services.
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