[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5174 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 5174
To establish a grant program to fund women's health patient navigators
for patients seeking abortion care.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 1, 2022
Ms. Cortez Masto (for herself, Mrs. Murray, Ms. Rosen, Ms. Smith, Mr.
Bennet, Ms. Duckworth, Mr. Blumenthal, Mr. Padilla, and Ms. Klobuchar)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To establish a grant program to fund women's health patient navigators
for patients seeking abortion care.
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 ``Women's Health Patient Navigator Act
of 2022''.
SEC. 2. ESTABLISHMENT OF WOMEN'S HEALTH PATIENT NAVIGATORS.
Subpart V of part D of title III of the Public Health Service Act
(42 U.S.C. 256 et seq.) is amended by adding at the end the following:
``SEC. 340A-1. WOMEN'S HEALTH PATIENT NAVIGATORS.
``(a) In General.--The Secretary shall establish a grant program to
support eligible entities for purposes of serving as women's health
patient navigators for patients seeking to access abortion care in
order to connect those patients to abortion services.
``(b) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall--
``(1) be a nonprofit organization, a community-based
organization, a State, local governmental entity, or Tribal
government that, through programs, services, or activities that
are unbiased and medically- and factually-accurate, assists
individuals seeking abortion services; and
``(2) submit an application to the Secretary, at such time,
in such manner, and containing such information as the
Secretary may require, including a plan for--
``(A) establishing and operating a program of
patient navigator services to help patients seeking
abortion services access abortion services, as
described in subsection (c); and
``(B) ensuring that any personally identifiable
patient data obtained through the operation of such
program is kept confidential.
``(c) Activities.--An eligible entity receiving a grant under this
section shall use such funds for the following activities related to
abortion services:
``(1) Informing patients of medically-accurate, culturally-
and linguistically-appropriate services and resources.
``(2) Coordinating financing resources for travel-related
costs, including transportation, childcare, and lodging.
``(3) Coordinating abortion services, including identifying
available abortion providers and scheduling appointments.
``(4) Providing psycho-social support to patients seeking
abortion care.
``(5) Assisting patients seeking care with treatment
decision-making.
``(6) Developing partnerships with local community
organizations providing services for which eligible entity
provides assistance, abortion service providers, and other
patient navigators, such as patient navigators receiving grants
under section 340A.
``(7) Assisting with understanding reimbursement and health
insurance coverage options, including completing eligibility
and enrollment forms.
``(8) Assisting with understanding where abortion services
are legal and the ways in which abortion services may be
restricted.
``(d) Patient Navigator Protections.--
``(1) In general.--No individual, entity, or State may
prevent, restrict, impede, or disadvantage an entity eligible
to receive a grant under this section by nature of delivering
services described in subsection (c), or any affiliate of such
an entity or individual or other entity collaborating with such
an entity, from--
``(A) providing or assisting a health care
provider, or any other person, with eligible services
described in subsection (c) related to reproductive
health care services--
``(i) lawful in the State in which services
are to be provided; or
``(ii) provided for an individual who does
not reside in the State in which the services
are to be provided; or
``(B) carrying out the activities described in this
section in any State, including any State in which
abortion services are not lawful.
``(2) Enforcement.--
``(A) Attorney general.--The Attorney General may
commence a civil action on behalf of the United States
against any State, or against any government official,
individual, or entity that enacts, implements, or
enforces a limitation or requirement that violates
paragraph (1). The court shall hold unlawful and set
aside the limitation or requirement if it is in
violation of paragraph (1).
``(B) Private right of action.--Any women's health
patient navigator adversely affected by an alleged
violation of paragraph (1) may commence a civil action
against any State that violates this subsection,
against any government official that enacts,
implements, or enforces a limitation or requirement
that violates paragraph (1), or against any individual
who, pursuant to State law, prevents, restricts,
impedes, or disadvantages the entity from carrying out
activities in violation of paragraph (1). The court
shall hold unlawful and enjoin the limitation or
requirement if it is in violation of paragraph (1).
``(C) Equitable relief.--In any action under this
subsection, the court may award appropriate equitable
relief, including temporary, preliminary, or permanent
injunctive relief.
``(D) Costs.--In any action under this subsection,
the court shall award costs of litigation, as well as
reasonable attorney's fees, to any prevailing
plaintiff. A plaintiff shall not be liable to a
defendant for costs or attorney's fees in any
nonfrivolous action under this subsection.
``(E) Jurisdiction.--The district courts of the
United States shall have jurisdiction over proceedings
under this subsection and shall exercise the same
without regard to whether the party aggrieved shall
have exhausted any administrative or other remedies
that may be provided for by law.
``(F) Abrogation of state immunity.--Neither a
State that enforces or maintains, nor a government
official who is permitted to implement or enforce, any
limitation or requirement that violates paragraph (1)
shall be immune under the Tenth Amendment to the
Constitution of the United States, the Eleventh
Amendment to the Constitution of the United States, or
any other source of law, from an action in a Federal or
State court of competent jurisdiction challenging that
limitation or requirement.
``(G) Right to remove.--Any party shall have a
right to remove an action brought under this subsection
to the district court of the United States for the
district and division embracing the place where such
action is pending. An order remanding the case to the
State court from which it was removed under this
paragraph may be immediately reviewable by appeal or
otherwise.
``(e) Funding.--There are appropriated, for fiscal years 2023
through 2027, out of amounts in the Treasury not otherwise
appropriated, such sums as may be necessary for purposes of carrying
out this section.''.
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