[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 358 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 358
To amend the Patient Protection and Affordable Care Act to modify
special rules relating to coverage of abortion services under such Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 20, 2011
Mr. Pitts (for himself, Mr. Lipinski, Mrs. Schmidt, Mr. Ross of
Arkansas, Mr. Smith of New Jersey, Mr. Upton, Mrs. Black, Mr. Pence,
Mr. Fleming, Mrs. McMorris Rodgers, Mr. Aderholt, Mr. Akin, Mr.
Austria, Mrs. Bachmann, Mr. Bachus, Mr. Barton of Texas, Mr. Bilirakis,
Mrs. Blackburn, Mr. Brady of Texas, Mr. Broun of Georgia, Mr. Buchanan,
Mr. Burgess, Mr. Canseco, Mrs. Miller of Michigan, Ms. Jenkins, Mr.
Carter, Mr. Chaffetz, Mr. Coffman of Colorado, Mr. Conaway, Mr.
Costello, Mr. Crawford, Mr. Critz, Mrs. Ellmers, Mr. Fortenberry, Mr.
Garrett, Mr. Gibbs, Mr. Gingrey of Georgia, Mr. Gohmert, Mr. Graves of
Missouri, Mr. Guthrie, Mr. Hall, Mr. Harris, Mrs. Hartzler, Mr. Johnson
of Illinois, Mr. Jones, Mr. Jordan, Mr. Kingston, Mr. Kinzinger of
Illinois, Mr. Kline, Mr. Lamborn, Mr. Lance, Mr. Latta, Mr. Lee of New
York, Mr. Daniel E. Lungren of California, Mr. Manzullo, Mr. Marchant,
Mr. McCaul, Mr. McClintock, Mr. McCotter, Mr. McKinley, Mr. Murphy of
Pennsylvania, Mr. Neugebauer, Mr. Olson, Mr. Paul, Mr. Poe of Texas,
Mr. Roe of Tennessee, Mr. Rogers of Michigan, Mr. Rogers of Kentucky,
Mr. Ross of Florida, Mr. Ryan of Wisconsin, Mr. Scalise, Mr. Sessions,
Mr. Shimkus, Mr. Shuler, Mr. Smith of Texas, Mr. Stutzman, Mr.
Sullivan, Mr. Terry, Mr. Thompson of Pennsylvania, Mr. Whitfield, Mr.
Flake, Mr. Pompeo, Mr. Kelly, Mr. Long, Mr. Roskam, Mr. Miller of
Florida, Mr. Huizenga of Michigan, Mr. Davis of Kentucky, and Mr.
Shuster) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Patient Protection and Affordable Care Act to modify
special rules relating to coverage of abortion services under such Act.
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 ``Protect Life Act''.
SEC. 2. MODIFYING SPECIAL RULES RELATING TO COVERAGE OF ABORTION
SERVICES UNDER THE PATIENT PROTECTION AND AFFORDABLE CARE
ACT TO CONFORM TO LONG-STANDING FEDERAL POLICY.
(a) In General.--Section 1303 of the Patient Protection and
Affordable Care Act (Public Law 111-148), as amended by section
10104(c) of such Act, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively;
(2) by redesignating paragraph (4) of subsection (b) as
subsection (d) and transferring such subsection (d) after the
subsection (c) inserted by paragraph (4) of this subsection
with appropriate indentation;
(3) by amending subsection (b) to read as follows:
``(b) Special Rules Relating to Training in and Coverage of
Abortion Services.--Nothing in this Act (or any amendment made by this
Act) shall be construed to require any health plan to provide coverage
of or access to abortion services or to allow the Secretary or any
other Federal or non-Federal person or entity in implementing this Act
(or amendment) to require coverage of, access to, or training in
abortion services.'';
(4) by inserting after subsection (b) the following new
subsection:
``(c) Limitation on Abortion Funding.--
``(1) In general.--No funds authorized or appropriated by
this Act (or an amendment made by this Act), including credits
applied toward qualified health plans under section 36B of the
Internal Revenue Code of 1986 or cost-sharing reductions under
section 1402 of this Act, may be used to pay for any abortion
or to cover any part of the costs of any health plan that
includes coverage of abortion, except--
``(A) if the pregnancy occurred because the
pregnant female was the subject of an act of forcible
rape or, if a minor, an act of incest; or
``(B) in the case where a pregnant female suffers
from a physical disorder, physical injury, or physical
illness that would, as certified by a physician, place
the female in danger of death unless an abortion is
performed, including a life-endangering physical
condition caused by or arising from the pregnancy
itself.
``(2) Option to purchase separate coverage or plan.--
Nothing in this subsection shall be construed as prohibiting
any non-Federal entity (including an individual or a State or
local government) from purchasing separate coverage for
abortions for which funding is prohibited under this
subsection, or a qualified health plan that includes such
abortions, so long as--
``(A) such coverage or plan is paid for entirely
using only funds not authorized or appropriated by this
Act; and
``(B) such coverage or plan is not purchased
using--
``(i) individual premium payments required
for a qualified health plan offered through an
Exchange towards which a credit is applied
under section 36B of the Internal Revenue Code
of 1986; or
``(ii) other non-Federal funds required to
receive a Federal payment, including a State's
or locality's contribution of Medicaid matching
funds.
``(3) Option to offer coverage or plan.--Nothing in this
subsection or section 1311(d)(2)(B)(i) shall restrict any non-
Federal health insurance issuer offering a qualified health
plan from offering separate coverage for abortions for which
funding is prohibited under this subsection, or a plan that
includes such abortions, so long as--
``(A) premiums for such separate coverage or plan
are paid for entirely with funds not authorized or
appropriated by this Act;
``(B) administrative costs and all services offered
through such coverage or plan are paid for using only
premiums collected for such coverage or plan; and
``(C) any such non-Federal health insurance issuer
that offers a qualified health plan through an Exchange
that includes coverage for abortions for which funding
is prohibited under this subsection also offers a
qualified health plan through the Exchange that is
identical in every respect except that it does not
cover abortions for which funding is prohibited under
this subsection.'';
(5) in subsection (e), as redesignated by paragraph (1)--
(A) in the heading, strike ``Regarding Abortion'';
(B) in the heading of each of paragraphs (1) and
(2), strike each place it appears ``REGARDING
ABORTION''; and
(C) in paragraph (1), by striking ``regarding the
prohibition of (or requirement of) coverage, funding,
or'' and inserting ``protecting conscience rights,
restricting or prohibiting abortion or coverage or
funding of abortion, or establishing'';
(D) in paragraph (2)(A), by striking ``Nothing''
and inserting ``Subject to subsection (g), nothing'';
and
(6) by adding at the end the following new subsection:
``(g) Nondiscrimination on Abortion.--
``(1) Nondiscrimination.--A Federal agency or program, and
any State or local government that receives Federal financial
assistance under this Act (or an amendment made by this Act),
may not subject any institutional or individual health care
entity to discrimination, or require any health plan created or
regulated under this Act (or an amendment made by this Act) to
subject any institutional or individual health care entity to
discrimination, on the basis that the health care entity
refuses to--
``(A) undergo training in the performance of
induced abortions;
``(B) require or provide such training;
``(C) perform, participate in, provide coverage of,
or pay for induced abortions; or
``(D) provide referrals for such training or such
abortions.
``(2) Definition.--In this subsection, the term `health
care entity' includes an individual physician or other health
care professional, a hospital, a provider-sponsored
organization, a health maintenance organization, a health
insurance plan, or any other kind of health care facility,
organization, or plan.
``(3) Remedies.--
``(A) In general.--The courts of the United States
shall have jurisdiction to prevent and redress actual
or threatened violations of this section by issuing any
form of legal or equitable relief, including--
``(i) injunctions prohibiting conduct that
violates this subsection; and
``(ii) orders preventing the disbursement
of all or a portion of Federal financial
assistance to a State or local government, or
to a specific offending agency or program of a
State or local government, until such time as
the conduct prohibited by this subsection has
ceased.
``(B) Commencement of action.--An action under this
subsection may be instituted by--
``(i) any health care entity that has
standing to complain of an actual or threatened
violation of this subsection; or
``(ii) the Attorney General of the United
States.
``(4) Administration.--The Secretary shall designate the
Director of the Office for Civil Rights of the Department of
Health and Human Services--
``(A) to receive complaints alleging a violation of
this subsection; and
``(B) to pursue investigation of such complaints in
coordination with the Attorney General.''.
(b) Conforming Amendment.--Section 1334(a)(6) of such Act is
amended to read as follows:
``(6) Coverage consistent with federal policy.--In entering
into contracts under this subsection, the Director shall ensure
that no multi-State qualified health plan offered in an
Exchange provides coverage for abortions for which funding is
prohibited under subsection 1303(c) of this Act.''.
<all>