,i #aafth ,,congress #ast ,session ,h4 ,r4 #bjad ,,in ,,the ,,house ,,of ,,representatives ,april #a1 #bjai,mr4 ,harris 7for himself1 ,mr4 ,fortenberry1 ,mr4 ,palmer1 ,mr4 ,meadows1 ,mr4 ,aderholt1 ,mr4 ,weber of ,texas1 ,mr4 ,gaetz1 ,mr4 ,duncan1 ,mr4 ,scalise1 ,mr4 ,walker1 ,mr4 ,smith of ,new ,jersey1 ,mr4 ,long1 ,mr4 ,david ,p4 ,roe of ,tennessee1 ,mr4 ,westerman1 ,mrs4 ,hartzler1 ,mr4 ,grothman1 ,mr4 ,byrne1 ,mr4 ,collins of ,georgia1 ,mr4 ,norman1 ,mr4 ,abraham1 ,mrs4 ,walorski1 ,mr4 ,flores1 ,mr4 ,latta1 ,mr4 ,amash1 ,mr4 ,mooney of ,west ,virginia1 ,mr4 ,allen1 ,mr4 ,banks1 ,mr4 ,huizenga1 ,mr4 ,gianforte1 ,mr4 ,wilson of ,south ,carolina1 ,mr4 ,roy1 ,mr4 ,bacon1 ,mr4 ,rodney ,davis of ,illinois1 ,mr4 ,gallagher1 ,mr4 ,duffy1 ,mr4 ,gibbs1 ,mr4 ,newhouse1 ,mr4 ,walberg1 ,mr4 ,chabot1 ,mr4 ,babin1 ,mr4 ,joyce of ,pennsylvania1 ,mr4 ,johnson of ,louisiana1 ,mr4 ,barr1 ,mr4 ,hice of ,georgia1 ,mr4 ,ratcliffe1 ,mr4 ,jordan1 ,mr4 ,wittman1 ,mr4 ,graves of ,missouri1 ,mr4 ,hill of ,arkansas1 ,mr4 ,williams1 ,mr4 ,luetkemeyer1 ,mr4 ,olson1 ,mr4 ,hudson1 ,mr4 ,mitchell1 ,mr4 ,bucshon1 ,mr4 ,budd1 ,mr4 ,kelly of ,pennsylvania1 ,mr4 ,la,malfa1 ,mr4 ,collins of ,new ,york1 ,mr4 ,posey1 ,mr4 ,griffith1 ,mr4 ,john ,w4 ,rose of ,tennessee1 ,mr4 ,stewart1 ,mr4 ,lamborn1 ,mr4 ,bergman1 ,mr4 ,marchant1 ,mr4 ,austin ,scott of ,georgia1 ,mr4 ,king of ,iowa1 ,mr4 ,johnson of ,ohio1 ,mr4 ,reschenthaler1 ,mr4 ,higgins of ,louisiana1 ,mr4 ,guthrie1 ,mr4 ,brady1 ,mr4 ,cole1 ,mr4 ,smith of ,nebraska1 ,mr4 ,watkins1 ,mr4 ,cloud1 ,mr4 ,steube1 ,mr4 ,yoho1 ,mr4 ,rutherford1 and ,mr4 ,palazzo7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,public ,health ,service ,act to prohibit governmental discrimination against providers of health services that are not involved in abortion4 #a4 ,short title ,this ,act may be cited as the ,conscience ,protection ,act of #bjai4 #b4 ,findings ,congress finds as follows3 7#a7 ,thomas ,jefferson stated a conviction common to our ,nation's founders when he declared in #ahji that 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 ,in #aigc1 the ,supreme ,court concluded that the government must leave the abortion decision to the medical judgment of the pregnant woman's attending physician1 recognizing that a physician may choose not to participate in abortion4 ,roe v4 ,wade1 #daj ,u4,s4 #aac1 #afd 7#aigc74 ,the ,court cited with approval a policy that neither physician1 hospital1 nor hospital personnel shall be required to perform any act violative of personally-held moral principles1 #daj ,u4,s4 at #adc n4 #ch1 and cited ,state laws upholding this principle4 ,doe v4 ,bolton1 #daj ,u4,s4 #agi1 #aig-h 7#aigc74 7#c7 ,congress' enactments to protect this right of conscience in health care include the ,church amendment of #aigc 7#db ,u4,s4,c4 #cjj;a-#g71 the ,coats_/,snowe amendment of #aiif 7#db ,u4,s4,c4 #bchn71 and the ,weldon amendment approved by ,congresses and ,presidents of both parties every year since #bjjd4 7#d7 ,none of these laws explicitly provides a private right of action so victims of discrimination can defend their conscience rights in court1 and administrative enforcement by the ,department of ,health and ,human ,services ,office for ,civil ,rights has been lax1 at times allowing cases to languish for years without resolution4 7#e7 ,defying the ,federal ,weldon amendment1 ,california's ,department of ,managed ,health ,care has mandated coverage for all elective abortions in all health plans under its jurisdiction4 ,other ,states such as ,new ,york and ,washington have taken or considered similar action1 and some ,states may go farther to require all physicians and hospitals to provide or facilitate abortions4 ,on ,june #ba1 #bjaf1 the ,obama ,administration concluded a nearly two-year investigation of this matter by determining that ,california's decision to require insurance plans under the ,california ,department for ,managed ,health ,care authority to cover all legal abortion services did not violate the ,weldon amendment4 ,until the new ,administration is able to reverse this finding1 individuals will have to choose between ignoring their conscience or forgoing health care coverage4 7#f7 ,the vast majority of medical professionals do not perform abortions1 with #hf percent of ob_/gyns unwilling to provide them in a recent study 7,obstetrics ,gynecology1 ,sept4 #bjaa7 and the great majority of hospitals choosing to do so in rare cases or not at all4 7#g7 ,a health care provider's decision not to participate in an abortion1 like ,congress' decision not to fund most abortions1 erects no new barrier to those seeking to perform or undergo abortions but leaves each party free to act as he or she wishes4 7#h7 ,such protection poses no conflict with other ,federal laws1 such as the law requiring emergency stabilizing treatment for a pregnant woman and her unborn child when either is in distress 7,emergency ,medical ,treatment and ,active ,labor ,act74 ,as the previous ,administration has said1 these areas of law have operated side by side for many years and both should be fully enforced 7#gf ,fed4 ,reg4 #iifh-gg 7#bjaa7 at #iigc74 7#i7 ,reaffirming longstanding ,federal policy on conscience rights and providing a right of action in cases where it is violated allows longstanding and widely supported ,federal laws to work as intended4 #c4 ,prohibiting governmental discrimination against providers of health services that are not involved in abortion ,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 ,prohibiting governmental discrimination against providers of health services that are not involved in abortion 7a7 ,in general ,notwithstanding any other law1 the ,federal ,government1 and any ,state or local government that receives ,federal financial assistance1 may not penalize1 retaliate against1 or otherwise discriminate against a health care provider on the basis that the provider does not-- 7#a7 perform1 refer for1 pay for1 or otherwise participate in abortion2 7#b7 provide or sponsor abortion coverage2 or 7#c7 facilitate or make arrangements for any of the activities specified in this subsection4 7b7 ,rule of construction ,nothing in this section shall be construed-- 7#a7 to prevent any health care provider from voluntarily electing to participate in abortions or abortion referrals2 7#b7 to prevent any health care provider from voluntarily electing to provide or sponsor abortion coverage or health benefits coverage that includes abortion2 7#c7 to prevent an accrediting agency1 the ,federal ,government1 or a ,state or local government from establishing standards of medical competency applicable only to those who have knowingly1 voluntarily1 and specifically elected to perform abortions1 or from enforcing contractual obligations applicable only to those who1 as part of such contract1 knowingly1 voluntarily1 and specifically elect to provide abortions2 7#d7 to affect1 or be affected by1 section #ahfg of the ,social ,security ,act 7#db ,u4,s4,c4 #acie;dd1 commonly referred to as the ,emergency ,medical ,treatment and ,active ,labor ,act72 or 7#e7 to supersede any law enacted by any ,state for the purpose of regulating insurance1 except as specified in subsection 7a74 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 #bde of this ,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 complaints in coordination with the ,attorney ,general4 7d7 ,definitions ,for purposes of this section3 7#a7 ,federal financial assistance ,the term ,federal financial assistance means ,federal 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 ,health care provider ,the term health care provider means-- 7,a7 an individual physician1 nurse1 or other health care professional2 7,b7 a hospital1 health system1 or other health care facility or organization 7including a party to a proposed merger or other collaborative arrangement relating to health services1 and an entity resulting therefrom72 7,c7 a provider-sponsored organization1 an accountable care organization1 or a health maintenance organization2 7,d7 a social services provider that provides or authorizes referrals for health care services2 7,e7 a program of training in the health professions or an applicant to or participant in such a program2 7,f7 an issuer of health insurance coverage2 or 7,g7 a group health plan or student health plan1 or a sponsor or administrator thereof4 7#c7 ,state or local government that receives ,federal financial assistance ,the term ,state or local government that receives ,federal financial assistance includes every agency and other governmental unit and subdivision of a ,state or local government1 if such ,state or local government1 or any agency or governmental unit or subdivision thereof1 receives ,federal financial assistance4 #bde;,b4 ,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 ,for purposes of this section3 7#a7 ,qualified party ,the term qualified party means-- 7,a7 the ,attorney ,general of the ,united ,states2 or 7,b7 any person or entity adversely affected by the designated violation4 7#b7 ,designated violation ,the term designated violation means an actual or threatened violation of-- 7,a7 section #bde or #bde;,a of this ,act2 or 7,b7 any of subsections 7b7 through 7e7 of section #dja of the ,health ,programs ,extension ,act of #aigc regarding an objection to abortion4 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 and any agency or other governmental unit or subdivision of a ,state or of such a local government4 7e7 ,nature of relief ,in an action under this section1 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