HR 358
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.
`(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.'.
END
