,,ii  #aafth ,,congress  #ast ,session  
,s4 #aiic  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #bf1     
#bjai ,mr4 ,cramer 7for himself1 ,mr4   
,daines1 and ,mrs4 ,blackburn7          
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,health1 ,education1      
,labor1 and ,pensions  ,a ,,bill  ,to   
restrict ,federal funding for health    
care entities that do not respect all   
human life and patient rights4  #a4     
,short title  ,this ,act may be cited as
 the ,patient ,rights ,act4  #b4        
,restriction on ,federal funding for    
health care entities that do not respect
 all human life and patient rights  7a7 
,in general ,subject to section #d1 no  
funds appropriated by ,congress for the 
purpose of paying 7directly or          
indirectly1 in whole or in part7 for the
 provision of health care services shall
 be paid to any entity1 unless the      
entity certifies to the ,secretary of   
,health and ,human ,services 7referred  

to in this ,act as the ,secretary7 that 
the entity respects all human life and  
patient rights by ensuring that any     
health care practitioner employed by1 or
 utilizing the facilities or resources  
of1 such entity--  7#a7 exercises the   
same degree of professional skill1 care1
 and diligence to preserve the life and 
health of any patient as a reasonably   
diligent and conscientious health care  
practitioner would render to a patient  
in a different state of functionality1  
development1 or degree of dependence1   
including a patient who is--  7,a7      
unborn2  7,b7 newly born2  7,c7 born    
prematurely2  7,d7 pregnant2  7,e7      
elderly2  7,f7 mentally or physically   
disabled2  7,g7 terminally ill2  7,h7 in
 a persistent vegetative state2  7,i7   
unresponsive or comatose2 or  7,j7      
otherwise incapable of self-advocacy2   
7#b7 does not intentionally end the life
 of1 or otherwise harm1 any patient1    
including any patient described in      
paragraph 7#a71 by any means or for any 

reason1 including by the use or         
prescription of any instrument1         
medicine1 drug1 or any other substance  
or device2 and  7#c7 does not institute 
a do-not-resuscitate order or a similar 
order with respect to any patient for   
any reason without obtaining the prior  
consent of an applicable individual     
described in section #d7a77;,a74  7b7   
,rule of construction ,subsection 7a7   
describes the minimum standard of care  
required of entities described in such  
paragraph4 ,nothing in this subsection  
shall be construed as a reason for a    
practitioner to not help a patient who  
is in a worse or different condition    
than the cases described in paragraph   
7#a74  #c4 ,violations  7a7 ,review by  
the secretary ,beginning not later than 
#a year after the date of enactment of  
this ,act1 the ,secretary1 not less     
frequently than once every #e years1    
shall conduct a review of each entity   
that receives funds described in section
 #b to determine whether such entities  

are in compliance with such section4    
7b7 ,suspected violation reports ,the   
,secretary shall establish a process by 
which-- 7#a7 suspected violations of    
section #b may be confidentially        
reported to the ,director of the ,office
 for ,civil ,rights of the ,department  
of ,health and ,human ,services2 and    
7#b7 the ,secretary fully investigates  
each report received under paragraph    
7#a74  7c7 ,public database ,the        
,secretary shall establish and maintain 
a public1 online1 searchable database of
 the entities subject to this section1  
indicating whether each such entity is  
in compliance with the requirements of  
section #b4  7d7 ,enforcement ,any      
entity found to violate the requirements
 of section #b shall be ineligible for  
funding described in such subsections   
for a period of at least #a year4 ,after
 such #a-year period1 such funding shall
 be reinstated upon a review conducted  
by the ,secretary that confirms that the
 entity is in compliance with such      

requirements4  7e7 ,civil action for    
certain violations  7#a7 ,in general    
,the ,attorney ,general or any person   
adversely affected by an actual or      
threatened violation of section #b1     
including the parents1 children1 spouse1
 or legal guardian of a patient1 may1 in
 a civil action1 obtain appropriate     
relief with regard to such violation4   
7#b7 ,administrative remedies not       
required ,an action under this          
subsection may be commenced1 and relief 
may be granted1 without regard to       
whether the party commencing the action 
has sought or exhausted available       
administrative remedies4  7#c7          
,defendants in actions under this       
section may include governmental        
entities or others ,an action under this
 subsection may be maintained against1  
among others1 a party that is a         
,federal1 ,state1 or local governmental 
entity4 ,relief in an action under this 
paragraph may include money damages even
 if the defendant is such a governmental

 entity4 ,an action under this paragraph
 may not be maintained against a woman  
upon whom an abortion is performed or   
attempted to be performed in violation  
of section #b4  7#d7 ,nature of relief  
,in an action under this subsection1 the
 court shall grant-- 7,a7 all necessary 
equitable and legal relief1 including1  
where appropriate1 declaratory relief1  
injunctive relief1 civil penalties1 and 
compensatory damages1 to prevent the    
occurrence1 continuance1 or repetition  
of the actual or threatened violation of
 section #b and to compensate for losses
 resulting from such violation2 and     
7,b7 to a prevailing plaintiff1         
reasonable attorneys' fees and          
litigation expenses as part of the      
costs4  #d4 ,construction and treatment 
of certain services ,nothing in this    
,act shall be construed to apply to or  
to affect any limitation relating to--  
7#a7 the withholding or withdrawing of  
life-saving or life-sustaining medical  
treatment or medical care if--  7,a7 7i7

 such withholding or withdrawing is     
after informed consent has been provided
 by-- 7,i7 the patient2  7,,ii7 in the  
case where the patient is incapable of  
decision making1 an individual          
authorized to make health care decisions
 on behalf of1 and in the best interests
 of1 the patient2 or  7,,iii7 in the    
case where the patient is a minor1 the  
patient and the patient's parent or     
legal guardian1 or another individual   
authorized to make health care decisions
 on behalf of1 and in the best interests
 of1 the patient2 or  7ii7 in the case  
where an individual described in clause 
7i7 is not available to provide informed
 consent1 as described in such clause1  
the entity provides sufficient          
opportunity for an individual described 
in clause 7i77,,ii7 to present and      
provide informed consent for such       
withholding or withdrawing2 and  7,b7   
any individual providing informed       
consent as described in subparagraph    
7,a7 is afforded sufficient opportunity 

to arrange for the patient's transfer to
 another health care provider willing to
 provide life-saving or life-sustaining 
medical treatment or medical care that  
is not available in the entity2  7#b7   
the withholding or withdrawing of       
nutrition or hydration if-- 7,a7 such   
withholding or withdrawing is not for   
the purpose of causing1 or the purpose  
of assisting in causing1 death1 for any 
reason2 and  7,b7 the conditions of     
paragraph 7#a7 are met2  7#c7 the use of
 an item1 good1 benefit1 or service     
furnished for the purpose of alleviating
 pain or discomfort1 even if such use   
may increase the risk of death1 so long 
as such item1 good1 benefit1 or service 
is not also furnished for the purpose of
 causing1 or the purpose of assisting in
 causing1 death1 for any reason2 or     
7#d7 any medical procedure required to  
prevent the death of a pregnant woman or
 her unborn child1 so long as every     
reasonable effort is made to preserve   
the life of all patients4  #e4 ,list of 

programs to which restrictions apply    
7a7 ,federal health care funding        
programs ,section #b applies to funds   
appropriated under or to carry out the  
following3 7#a7 ,the ,medicare program  
under title ,,xviii of the ,social      
,security ,act 7#db ,u4,s4,c4 #acie et  
seq474  7#b7 ,the ,medicaid program     
under title ,,xix of the ,social        
,security ,act 7#db ,u4,s4,c4 #acif et  
seq474  7#c7 ,title ,,xx of the ,social 
,security ,act 7#db ,u4,s4,c4 #acig et  
seq474  7#d7 ,title ,v of the ,social   
,security ,act 7#db ,u4,s4,c4 #gja et   
seq474  7#e7 ,the ,public ,health       
,service ,act 7#db ,u4,s4,c4 #bja et    
seq474  7#f7 ,the ,indian ,health ,care 
,improvement ,act 7#be ,u4,s4,c4 #afja  
et seq474  7#g7 ,the ,federal ,employees
 ,health ,benefits program under chapter
 #hi of title #e1 ,united ,states ,code4
  7#h7 ,the ,military health care system
 7including ,,tricare and ,,champus     
programs7 under chapter #ee of title    
#aj1 ,united ,states ,code4  7#i7       

,veterans medical care under chapter #ag
 of title #ch1 ,united ,states ,code4   
7#aj7 ,health services for ,peace ,corps
 volunteers under section #e7;e7 of the 
,peace ,corps ,act 7#bb ,u4,s4,c4       
#bejd7;e774  7#aa7 ,medical services for
 ,federal prisoners under section       
#djje7;a7 of title #ah1 ,united ,states 
,code4  7#ab7 ,the ,patient ,protection 
and ,affordable ,care ,act 7,public ,law
 #aaa-adh74  7b7 ,federal facilities and
 personnel ,the provisions of section #b
 apply to facilities and personnel of   
the following3 7#a7 ,the ,department of 
,defense operating under chapter #ee of 
title #aj1 ,united ,states ,code4  7#b7 
,the ,veterans ,health ,administration  
of the ,department of ,veterans         
,affairs4  7#c7 ,the ,public ,health    
,service4  7c7 ,nonexclusive list       
,nothing in this section shall be       
construed as limiting the application of
 section #b to the programs specified in
 subsection 7a7 or the facilities and   
personnel specified in subsection 7b74  

#f4 ,relation to other laws ,the        
provisions of this ,act supersede other 
,federal laws 7including laws enacted   
after the date of the enactment of this 
,act7 except to the extent such laws    
specifically supersede the provisions of
 this ,act4  #g4 ,effective date  7a7   
,in general ,the provisions of this ,act
 take effect on the dates of enactment  
of this ,act and apply to ,federal      
payments made pursuant to obligations   
incurred after the date of the enactment
 of this ,act4  7b7 ,application to     
contracts ,such provisions shall apply  
with respect to contracts entered into1 
renewed1 or extended after the date of  
the enactment of this ,act and shall    
also apply to a contract entered into   
before such date to the extent permitted
 under such contract4