S.877 - Protect Life Act
A bill to prevent taxpayer-funded elective abortions by applying the longstanding policy of the Hyde amendment to the new health care law.
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Mr. HATCH (for himself, Mr. COBURN, Mr. MCCONNELL, Mrs. HUTCHISON, Mr. ROBERTS, Mr. RUBIO, Mr. BLUNT, Ms. AYOTTE, Mr. WICKER, Mr. ISAKSON, Mr. VITTER, Mr. CHAMBLISS, Mr. BARRASSO, Mr. BOOZMAN, Mr. BURR, Mr. THUNE, Mr. RISCH, Mr. INHOFE, Mr. MORAN, Mr. GRASSLEY, Mr. CRAPO, Mr. JOHANNS, Mr. HOEVEN, Mr. SHELBY, Mr. COATS, Mr. CORKER, Mr. PAUL, Mr. JOHNSON of Wisconsin, Mr. MCCAIN, Mr. LEE, and Mr. KYL) introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
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.
(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;CommentsClose CommentsPermalink
‘(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.’;CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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; orCommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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.’;CommentsClose CommentsPermalink
(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’; andCommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink