,i #aacth ,,congress #ast ,session ,h4 ,r4 #idj ,,in ,,the ,,house ,,of ,,representatives ,march #d1 #bjac ,mrs4 ,black 7for herself1 ,mr4 ,fleming1 ,mr4 ,fortenberry1 ,mr4 ,daines1 ,mr4 ,boustany1 ,mr4 ,jones1 ,mr4 ,cassidy1 ,mr4 ,rogers of ,alabama1 ,mr4 ,nunnelee1 ,mr4 ,lipinski1 ,mr4 ,hultgren1 ,mr4 ,bonner1 ,mr4 ,cramer1 ,mr4 ,broun of ,georgia1 ,mr4 ,johnson of ,ohio1 ,mr4 ,walberg1 ,mr4 ,tiberi1 ,mr4 ,kelly1 ,mr4 ,neugebauer1 ,mr4 ,flores1 ,mrs4 ,ellmers1 ,mr4 ,gingrey of ,georgia1 ,mr4 ,pompeo1 ,mr4 ,roe of ,tennessee1 ,mr4 ,king of ,iowa1 ,mr4 ,murphy of ,pennsylvania1 ,mr4 ,bentivolio1 ,ms4 ,foxx1 ,mr4 ,rodney ,davis of ,illinois1 ,mr4 ,wilson of ,south ,carolina1 ,mr4 ,poe of ,texas1 ,mr4 ,fincher1 ,mr4 ,westmoreland1 ,mr4 ,graves of ,georgia1 ,mr4 ,bachus1 ,mr4 ,barletta1 ,mr4 ,jordan1 ,mrs4 ,wagner1 ,mr4 ,benishek1 ,mrs4 ,blackburn1 ,mr4 ,wenstrup1 ,mr4 ,southerland1 ,mr4 ,schweikert1 ,mr4 ,huelskamp1 ,mr4 ,harris1 ,mrs4 ,hartzler1 ,mr4 ,miller of ,florida1 ,mr4 ,smith of ,new ,jersey1 ,mr4 ,roskam1 ,mr4 ,pearce1 and ,mrs4 ,walorski7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,patient ,protection and ,affordable ,care ,act to protect rights of conscience with regard to requirements for coverage of specific items and services1 to amend the ,public ,health ,service ,act to prohibit certain abortion-related discrimination in governmental activities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,health ,care ,conscience ,rights ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,as ,thomas ,jefferson declared to ,new ,london ,methodists in #ahji1 no provision in our ,constitution ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority4 7#b7 ,jefferson's conviction on respect for conscience is deeply embedded in the history and traditions of our ,nation1 and codified in numerous ,federal laws approved by congressional majorities and ,presidents of both parties1 including in the ,public ,health ,service ,act2 the ,united ,states ,leadership ,against ,,hiv_/,,aids1 ,tuberculosis1 and ,malaria ,act2 the ,religious ,freedom ,restoration ,act2 longstanding provisions on respect for conscience rights in the ,federal ,employees ,health ,benefits ,program and ,district of ,columbia appropriations2 and laws to protect individuals from being forced to participate in ,federal executions or prosecutions4 7#c7 ,following enactment of the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh1 in this section referred to as ,,ppaca71 the ,federal ,government has sought to impose specific requirements that infringe on the rights of conscience of those who offer or purchase health coverage4 7#d7 ,while ,,ppaca provides an exemption for some religious groups that object to participation in health insurance generally1 and exempts millions of ,americans from most of the ,act's provisions1 including the preventive services mandate1 it fails to provide statutory protection for those seeking to offer and purchase health coverage who have a religious or moral objection only to specific items or services4 7#e7 ,nurses and other health care providers have increasingly been subjected to discrimination for abiding by their conscience rather than providing1 paying for1 or referring for abortion4 7#f7 ,conscience rights protections for health care providers are an important part of civil rights protections in ,federal law and are indispensable to the continued viability of the health care system in the ,united ,states4 ,the increasingly significant discrimination suffered by faith-based nonprofit health care providers risks undermining access to high-quality compassionate care for some of the most vulnerable populations in our country4 #c4 ,applying longstanding policy on conscience rights to the ,affordable ,care ,act 7a7 ,in general ,title ,i of the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh7 is amended-- 7#a7 by redesignating the second section #aefc 7relating to conforming amendments and as redesignated by section #ajajg7;b77#a7 of the ,patient ,protection and ,affordable ,care ,act7 as section #aefd2 7#b7 by redesignating the third section #aefc 7relating to the ,sense of the ,senate promoting fiscal responsibility7 as section #aefe2 and 7#c7 by adding at the end the following new section3 #aeff4 ,respecting conscience rights in health coverage 7a7 ,in general ,notwithstanding any other provision of this title1 no provision of this title 7and no amendment made by any such provision7 shall-- 7#a7 require an individual to purchase individual health insurance coverage that includes coverage of an abortion or other item or service to which such individual has a moral or religious objection1 or prevent an issuer from offering or issuing1 to such individual1 individual health insurance coverage that excludes such item or service2 7#b7 require a sponsor 7or1 in the case of health insurance coverage offered to students through an institution of higher education1 the institution of higher education offering such coverage7 to sponsor1 purchase1 or provide any health benefits coverage or group health plan that includes coverage of an abortion or other item or service to which such sponsor or institution1 respectively1 has a moral or religious objection1 or prevent an issuer from offering or issuing to such sponsor or institution1 respectively1 health insurance coverage that excludes such item or service2 7#c7 require an issuer of health insurance coverage or the sponsor of a group health plan to include1 in any such coverage or plan1 coverage of an abortion or other item or service to which such issuer or sponsor has a moral or religious objection2 or 7#d7 authorize the imposition of a tax1 penalty1 fee1 fine1 or other sanction1 or the imposition of coverage of the item or service to which there is a moral or religious objection1 in relation to health insurance coverage or a group health plan that excludes an item or service pursuant to this section4 7b7 ,restriction on contrary governmental action ,no provision in this title 7or amendment made by such provision7 or law1 regulation1 guideline or other governmental action that implements such provision or amendment1 or derives its authority therefrom1 shall be given legal effect to the extent that it violates this section4 7c7 ,no effect on other laws ,nothing in this section shall be construed to preempt1 modify1 or otherwise have any effect on-- 7#a7 the ,civil ,rights ,act of #aifd2 7#b7 the ,americans with ,disabilities ,act of #aiij2 7#c7 the ,pregnancy ,discrimination ,act of #aigh2 7#d7 the ,mental ,health ,parity ,act of #aiif2 or 7#e7 any other ,state or ,federal law1 other than a provision in this title 7or an amendment made by such provision7 or a law1 regulation1 guideline or other governmental action that implements such provision or amendment or derives its authority therefrom4 7d7 ,aggregate actuarial value ,nothing in this section shall be construed to prohibit the ,secretary from issuing regulations or other guidance to ensure that health insurance coverage or group health plans excluding abortion or other items or services under this section shall have an aggregate actuarial value at least equivalent to that of health insurance coverage or group health plans at the same level of coverage that do not exclude such items or services4 7e7 ,continued application of nondiscrimination rules ,nothing in this section shall be construed to permit a health insurance issuer1 group health plan1 or other health care provider to act in a manner inconsistent with subparagraph 7,b7 or 7,d7 of section #acjb7;b77#d74 4 7b7 ,clerical amendment ,the table of contents of the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh7 is amended-- 7#a7 by striking the following items3 #aefc4 ,conforming amendments4 #aefc4 ,sense of the ,senate promoting fiscal responsibility4 2 and 7#b7 by inserting after the item relating to the section #aefc relating to small business procurement the following items3 #aefd4 ,conforming amendments4 #aefe4 ,sense of the ,senate promoting fiscal responsibility4 #aeff4 ,respecting conscience rights in health coverage4 4 #d4 ,abortion nondiscrimination for health care providers ,section #bde of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bchn7 is amended-- 7#a7 in the section heading1 by striking and licensing of physicians and inserting 1 licensing1 and practice of physicians and other health care entities2 7#b7 in subsection 7a71 by amending paragraph 7#a7 to read as follows3 7#a7 the entity refuses-- 7,a7 to undergo training in the performance of induced abortions2 7,b7 to require or provide such training2 7,c7 to perform1 participate in1 provide coverage of1 or pay for induced abortions2 or 7,d7 to provide referrals for such training or such abortions2 2 7#c7 in subsection 7b77#a71 by striking standards and inserting standard2 7#d7 in subsection 7c71 by amending paragraphs 7#a7 and 7#b7 to read as follows3 7#a7 ,the term financial assistance1 with respect to a government program1 means governmental payments to cover the cost of health care services or benefits1 or other ,federal payments1 grants1 or loans to promote or otherwise facilitate health-related activities4 7#b7 ,the term health care entity includes an individual physician or other health professional1 a postgraduate physician training program1 a participant in a program of training in the health professions1 a hospital1 a provider-sponsored organization as defined in section #ahee7;d7 of the ,social ,security ,act1 a health maintenance organization1 an accountable care organization1 an issuer of health insurance coverage1 any other kind of health care facility1 organization1 or plan1 and an entity that provides or authorizes referrals for health care services4 2 7#e7 by adding at the end of subsection 7c7 the following new paragraph3 7#d7 ,the term ,state or local government that receives ,federal financial assistance includes any agency or other governmental unit of a ,state or local government if such government receives ,federal financial assistance4 2 7#f7 by redesignating subsection 7c7 as subsection 7d72 and 7#g7 by inserting after subsection 7b7 the following new subsection3 7c7 ,administration ,the ,secretary shall designate the ,director of the ,office for ,civil ,rights of the ,department of ,health and ,human ,services-- 7#a7 to receive complaints alleging a violation of this section1 section #aeff of the ,patient ,protection and ,affordable ,care ,act1 or any of subsections 7b7 through 7e7 of section #dja of the ,health ,programs ,extension ,act of #aigc2 and 7#b7 to pursue the investigation of such complaints1 in coordination with the ,attorney ,general4 4 #e4 ,remedies for violations of ,federal conscience laws ,title ,,ii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bjb et seq47 is amended by inserting after section #bde the following3 #bde;,a4 ,civil action for certain violations 7a7 ,in general ,a qualified party may1 in a civil action1 obtain appropriate relief with regard to a designated violation4 7b7 ,definitions ,in this section-- 7#a7 the term qualified party means-- 7,a7 the ,attorney ,general2 or 7,b7 any person or entity adversely affected by the designated violation2 and 7#b7 the term designated violation means an actual or threatened violation of section #bde of this ,act1 section #aeff of the ,patient ,protection and ,affordable ,care ,act1 or any of subsections 7b7 through 7e7 of section #dja of the ,health ,programs ,extension ,act of #aigc4 7c7 ,administrative remedies not required ,an action under this section may be commenced1 and relief may be granted1 without regard to whether the party commencing the action has sought or exhausted available administrative remedies4 7d7 ,defendants in actions under this section may include governmental entities as well as others 7#a7 ,in general ,an action under this section may be maintained against1 among others1 a party that is a ,federal or ,state governmental entity4 ,relief in an action under this section may include money damages even if the defendant is such a governmental entity4 7#b7 ,definition ,for the purposes of this subsection1 the term ,state governmental entity means a ,state1 a local government within a ,state1 or any agency or other governmental unit or authority of a ,state or of such a local government4 7e7 ,nature of relief ,the court shall grant-- 7#a7 all necessary equitable and legal relief1 including1 where appropriate1 declaratory relief and compensatory damages1 to prevent the occurrence1 continuance1 or repetition of the designated violation and to compensate for losses resulting from the designated violation2 and 7#b7 to a prevailing plaintiff1 reasonable attorneys' fees and litigation expenses as part of the costs4 4