,,ii #aagth ,,congress #ast ,session ,s4 #dja ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bd1 #bjba,mr4 ,lankford 7for himself1 ,mr4 ,tillis1 ,mr4 ,scott of ,south ,carolina1 ,mr4 ,portman1 ,mr4 ,risch1 ,mr4 ,moran1 ,mr4 ,daines1 ,mrs4 ,fischer1 ,mr4 ,boozman1 ,mr4 ,marshall1 ,mr4 ,cassidy1 ,mr4 ,cramer1 ,mrs4 ,hyde-,smith1 ,mr4 ,barrasso1 ,mr4 ,thune1 ,mr4 ,hoeven1 ,mr4 ,sasse1 ,mr4 ,inhofe1 ,mrs4 ,blackburn1 ,mr4 ,rounds1 ,ms4 ,lummis1 ,mr4 ,hawley1 ,mr4 ,scott of ,florida1 ,mr4 ,lee1 and ,mr4 ,hagerty7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,public ,health ,service ,act to prohibit governmental discrimination against health care providers that do not participate in abortion4 #a4 ,short title ,this ,act may be cited as the ,conscience ,protection ,act of #bjba4 #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 ,religious diversity adds to the strength of our medical field1 and no doctor should have to choose between giving up their faith or moral convictions and abandoning a vital medical mission4 ,congress' enactments to protect this right of conscience in health care include the ,church amendments 7#db ,u4,s4,c4 #cjj;a-#g71 the ,coats_/,snowe amendment 7#db ,u4,s4,c4 #bchn71 and the ,weldon amendment approved by ,congresses and ,presidents of both parties every year since #bjjd 7including in section #ejg7;d7 of division ,a of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id2 #acc ,stat4 #becd1 #bfjg774 7#d7 ,courts have declined to find that these laws provide a private right of action thereby leaving victims of discrimination unable to defend their conscience rights in court1 while at the same time administrative enforcement by the ,office for ,civil ,rights of the ,department of ,health and ,human ,services has been inconsistent1 at times allowing cases to languish for years without resolution4 7#e7 ,defying the ,weldon amendment1 ,california's ,department of ,managed ,health ,care has mandated coverage for elective abortions in all health plans under its jurisdiction4 ,other ,states such as ,new ,york1 ,illinois1 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 ,office for ,civil ,rights of the ,department of ,health and ,human ,services under the ,obama ,administration concluded a nearly #b-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 abortion services did not violate the ,weldon amendment4 ,at least #bh1jjj individuals and families subsequently lost abortion-free health plans as a result of this mandate4 7#f7 ,on ,january #bd1 #bjbj1 the ,office for ,civil ,rights of the ,department of ,health and ,human ,services disavowed its prior findings and issued a notice of violation of the ,weldon amendment to ,california4 ,after the ,state's continued noncompliance with the ,weldon amendment1 the ,centers for ,medicare ,medicaid ,services1 on ,december #af1 #bjbj1 announced the disallowance of #bjj1jjj1jjj per quarter in ,federal funds to ,california beginning in the first quarter of #bjba4 ,unless the ,biden ,administration provides effective and continuing enforcement against ,california and other ,states1 individuals will continue to be coerced contrary to law into choosing between violating their consciences or forgoing health care coverage for themselves1 their employees1 or their families4 7#g7 ,on ,may #ba1 #bjai1 the ,secretary of ,health and ,human ,services issued a final conscience rule that implements approximately #be ,federal conscience protection provisions and provides mechanisms to enforce protections enacted by ,congress to ensure that the government and government-funded entities are not unlawfully discriminating against individuals1 health care providers1 or health care entities4 ,despite this regulation providing for enforcement of laws passed by ,congress1 a ,federal district court vacated the rule4 ,now1 litigation is pending before the ,united ,states ,court of ,appeals for the ,second ,circuit where #gh members of ,congress have filed a brief in support of the rule1 as well as the ,united ,states ,court of ,appeals for the ,ninth ,circuit4 ,litigation in both ,circuits have been halted because the ,biden ,administration has indicated its intent to revisit the rule4 7#h7 ,the vast majority of medical professionals do not perform abortions1 with up to #hf percent of obstetricians_/gynecologists unwilling to provide them 7,obstetrics ,gynecology1 ,sept4 #bjaa7 and the great majority of hospitals choosing to do so only in rare cases or not at all4 7#i7 ,a health care provider's decision not to participate in an abortion1 like ,congress' decision not to fund most abortions1 erects no barrier to those seeking to perform or undergo abortions but leaves each party free to act as he or she wishes4 7#aj7 ,such protection poses no conflict with other ,federal laws1 such as the law requiring stabilizing treatment for a pregnant woman and her unborn child when either needs emergency care 7,emergency ,medical ,treatment and ,active ,labor ,act74 ,as previous ,administrations have 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#aa7 ,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 discrimination against health care providers that do not participate 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 discrimination against health care providers that do not participate in abortion 7a7 ,in general ,notwithstanding any other law1 the ,federal ,government1 and any person or entity that receives ,federal financial assistance1 including any ,state or local government1 may not penalize1 retaliate against1 or otherwise discriminate against a health care provider on the basis that the provider does not or declines to-- 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 referrals where not prohibited by any other law2 7#b7 to prevent any health care provider from voluntarily electing to provide or sponsor abortion coverage or health benefits coverage that includes abortion where not prohibited by any other law2 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-- 7#a7 may issue regulations under-- 7,a7 this section2 7,b7 the ,religious ,freedom ,restoration ,act of #aiic 7#db ,u4,s4,c4 #bjjj;bb et seq471 with respect to any program or activity funded1 administered1 or conducted by the ,department of ,health and ,human ,services2 7,c7 any of subsections 7b7 through 7e7 of section #dja of the ,health ,programs ,extensions ,act of #aigc 7#db ,u4,s4,c4 #cjj;a-#g7 regarding an objection based on a religious belief or moral conviction2 and 7,d7 any other law protecting the exercise of conscience or religious freedom under programs or activities funded1 administered1 or conducted by the ,department of ,health and ,human ,services1 including any laws listed under the final rule issued by the ,secretary of ,health and ,human ,services titled ,protecting ,statutory ,conscience ,rights in ,health ,care2 ,delegations of ,authority 7#hd ,fed4 ,reg4 #bcagj2 ,may #ba1 #bjai72 7#b7 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 any provision of this section or any provision of law referred to or listed under paragraph 7#a72 and 7,b7 to promptly investigate such complaints1 issue findings1 and require corrective action in cases of such a violation2 and 7#c7 shall1 as permitted under law 7including the ,constitution of the ,united ,states71 induce compliance of a person or entity1 including a ,state or local government1 refusing to comply with a provision of this section1 or any provision of law referred to or listed under paragraph 7#a71 by terminating1 in whole or in part1 any ,federal financial assistance provided by the ,secretary to such person or entity4 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 includes-- 7,a7 an individual physician1 health care assistant1 nurse1 pharmacist1 health researcher1 or other health care personnel2 7,b7 a hospital1 laboratory1 pharmacy1 health system1 or other health care or medical research 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 or education in the health professions or medical research1 a participant in such a program1 or any individual applying or otherwise aspiring to participate in such a program2 7,f7 an issuer of health insurance coverage or of a health plan2 or 7,g7 a health care sharing ministry2 7,h7 a health insurance plan1 including group1 individual1 or student health plans1 or a sponsor or administrator thereof2 or 7,i7 any other health care organization1 program1 facility1 or plan4 7#c7 ,state or local government ,the term ,state or local government 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 violation without regard to whether such person or entity is a health care provider4 7#b7 ,designated violation ,the term designated violation means an actual or threatened violation of section #bde;,a or of any other provision of law referred to or listed under section #bde;,a7c77#a74 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 any 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 against any person or entity receiving ,federal financial assistance1 including a ,state governmental entity4 ,relief in an action under this section may include money damages even if the defendant is 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 ,state1 or of such a local government4 7e7 ,nature of relief ,in an action under this section1 the court shall grant-- 7#a7 all appropriate relief1 including injunctive relief1 declaratory relief1 and compensatory damages 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 costs4 4