‘(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 is the result of an act of rape or 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 qualified health 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, by striking ‘Regarding Abortion’;
(B) in the heading of each of paragraphs (1) and (2), by striking each place it appears ‘REGARDING ABORTION’;
(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’; and
(D) in paragraph (2)(A), by striking ‘Nothing’ and inserting ‘Subject to subsection (g), nothing’;
(6) in subsection (f), as redesignated by paragraph (1), by striking ‘Nothing’ and inserting ‘Subject to subsection (g), nothing’; and
(7) by adding at the end the following new subsection:
‘(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.’.
U.S. Congress - Text of H.R.358 as Referred in Senate Protect Life Act
