[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2439 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2439

   To establish a grant program to fund reproductive health patient 
         navigators for individuals seeking abortion services.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2023

 Ms. Cortez Masto (for herself, Mrs. Murray, Ms. Klobuchar, Ms. Smith, 
 Ms. Warren, Ms. Hirono, Mr. Padilla, Mr. Bennet, Mr. Blumenthal, Mr. 
Welch, and Ms. Duckworth) 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 reproductive health patient 
         navigators for individuals seeking abortion services.

    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 ``Reproductive Health Patient 
Navigator Act of 2023''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) As the legal hurdles to abortion services increase, so 
        does the complexity of navigating access to these essential 
        reproductive health services.
            (2) Community-based organizations like abortion funds are 
        connecting people to abortions, by working with individuals to 
        navigate an ever-evolving landscape of reproductive health 
        care.
            (3) Abortion funds have been helping individuals navigate 
        the complexity of abortion services for decades and are well 
        placed to lead patient navigation programs.

SEC. 3. ESTABLISHMENT OF GRANT PROGRAM FOR REPRODUCTIVE 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. ESTABLISHMENT OF GRANT PROGRAM FOR REPRODUCTIVE HEALTH 
              PATIENT NAVIGATORS.

    ``(a) In General.--The Secretary shall establish a grant program to 
support eligible entities for purposes of serving as reproductive 
health patient navigators for individuals seeking to access abortion 
services in order to connect those individuals to abortion services.
    ``(b) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall--
            ``(1) be an abortion fund or other 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 individuals 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 one or more of the following 
activities related to abortion services:
            ``(1) Offering individuals seeking abortion services 
        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 emotional wellness and doula support to 
        individuals accessing abortion services.
            ``(5) Providing individuals seeking abortion services with 
        unbiased and medically and factually accurate reproductive 
        health information to support individuals' informed 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 reproductive 
                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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