II 

117TH CONGRESS 

2D SESSION S. 5174 

To establish a grant program to fund women’s health patient navigators 

for patients seeking abortion care. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 1, 2022 

Ms. CORTEZ MASTO (for herself, Mrs. MURRAY, Ms. ROSEN, Ms. SMITH, Mr. 

BENNET, Ms. DUCKWORTH, Mr. BLUMENTHAL, Mr. PADILLA, and Ms. 

KLOBUCHAR) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To establish a grant program to fund women’s health patient 

navigators for patients seeking abortion care. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Women’s Health Pa5 tient Navigator Act of 2022’’. 


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1 SEC. 2. ESTABLISHMENT OF WOMEN’S HEALTH PATIENT 

2 NAVIGATORS. 

3 Subpart V of part D of title III of the Public Health 

4 Service Act (42 U.S.C. 256 et seq.) is amended by adding 

5 at the end the following: 

6 ‘‘SEC. 340A–1. WOMEN’S HEALTH PATIENT NAVIGATORS. 

7 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

8 grant program to support eligible entities for purposes of 

9 serving as women’s health patient navigators for patients 

10 seeking to access abortion care in order to connect those 

11 patients to abortion services. 

12 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive 

13 a grant under this section, an entity shall— 

14 ‘‘(1) be a nonprofit organization, a community15 based organization, a State, local governmental enti16 ty, or Tribal government that, through programs, 

17 services, or activities that are unbiased and 

18 medically- and factually-accurate, assists individuals 

19 seeking abortion services; and 

20 ‘‘(2) submit an application to the Secretary, at 

21 such time, in such manner, and containing such in22 formation as the Secretary may require, including a 

23 plan for— 

24 ‘‘(A) establishing and operating a program 

25 of patient navigator services to help patients 


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1 seeking abortion services access abortion serv2 ices, as described in subsection (c); and 

3 ‘‘(B) ensuring that any personally identifi4 able patient data obtained through the oper5 ation of such program is kept confidential. 

6 ‘‘(c) ACTIVITIES.—An eligible entity receiving a grant 

7 under this section shall use such funds for the following 

8 activities related to abortion services: 

9 ‘‘(1) Informing patients of medically-accurate, 

10 culturally- and linguistically-appropriate services and 

11 resources. 

12 ‘‘(2) Coordinating financing resources for trav13 el-related costs, including transportation, childcare, 

14 and lodging. 

15 ‘‘(3) Coordinating abortion services, including 

16 identifying available abortion providers and sched17 uling appointments. 

18 ‘‘(4) Providing psycho-social support to patients 

19 seeking abortion care. 

20 ‘‘(5) Assisting patients seeking care with treat21 ment decision-making. 

22 ‘‘(6) Developing partnerships with local commu23 nity organizations providing services for which eligi24 ble entity provides assistance, abortion service proVerDate Sep 11 2014 22:04 Dec 02, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S5174.IS S5174

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1 viders, and other patient navigators, such as patient 

2 navigators receiving grants under section 340A. 

3 ‘‘(7) Assisting with understanding reimburse4 ment and health insurance coverage options, includ5 ing completing eligibility and enrollment forms. 

6 ‘‘(8) Assisting with understanding where abor7 tion services are legal and the ways in which abor8 tion services may be restricted. 

9 ‘‘(d) PATIENT NAVIGATOR PROTECTIONS.— 

10 ‘‘(1) IN GENERAL.—No individual, entity, or 

11 State may prevent, restrict, impede, or disadvantage 

12 an entity eligible to receive a grant under this sec13 tion by nature of delivering services described in 

14 subsection (c), or any affiliate of such an entity or 

15 individual or other entity collaborating with such an 

16 entity, from— 

17 ‘‘(A) providing or assisting a health care 

18 provider, or any other person, with eligible serv19 ices described in subsection (c) related to repro20 ductive health care services— 

21 ‘‘(i) lawful in the State in which serv22 ices are to be provided; or 

23 ‘‘(ii) provided for an individual who 

24 does not reside in the State in which the 

25 services are to be provided; or 


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1 ‘‘(B) carrying out the activities described 

2 in this section in any State, including any State 

3 in which abortion services are not lawful. 

4 ‘‘(2) ENFORCEMENT.— 

5 ‘‘(A) ATTORNEY GENERAL.—The Attorney 

6 General may commence a civil action on behalf 

7 of the United States against any State, or 

8 against any government official, individual, or 

9 entity that enacts, implements, or enforces a 

10 limitation or requirement that violates para11 graph (1). The court shall hold unlawful and 

12 set aside the limitation or requirement if it is 

13 in violation of paragraph (1). 

14 ‘‘(B) PRIVATE RIGHT OF ACTION.—Any 

15 women’s health patient navigator adversely af16 fected by an alleged violation of paragraph (1) 

17 may commence a civil action against any State 

18 that violates this subsection, against any gov19 ernment official that enacts, implements, or en20 forces a limitation or requirement that violates 

21 paragraph (1), or against any individual who, 

22 pursuant to State law, prevents, restricts, im23 pedes, or disadvantages the entity from car24 rying out activities in violation of paragraph 

25 (1). The court shall hold unlawful and enjoin 


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1 the limitation or requirement if it is in violation 

2 of paragraph (1). 

3 ‘‘(C) EQUITABLE RELIEF.—In any action 

4 under this subsection, the court may award ap5 propriate equitable relief, including temporary, 

6 preliminary, or permanent injunctive relief. 

7 ‘‘(D) COSTS.—In any action under this 

8 subsection, the court shall award costs of litiga9 tion, as well as reasonable attorney’s fees, to 

10 any prevailing plaintiff. A plaintiff shall not be 

11 liable to a defendant for costs or attorney’s fees 

12 in any nonfrivolous action under this sub13 section. 

14 ‘‘(E) JURISDICTION.—The district courts 

15 of the United States shall have jurisdiction over 

16 proceedings under this subsection and shall ex17 ercise the same without regard to whether the 

18 party aggrieved shall have exhausted any ad19 ministrative or other remedies that may be pro20 vided for by law. 

21 ‘‘(F) ABROGATION OF STATE IMMUNITY.— 

22 Neither a State that enforces or maintains, nor 

23 a government official who is permitted to imple24 ment or enforce, any limitation or requirement 

25 that violates paragraph (1) shall be immune 


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1 under the Tenth Amendment to the Constitu2 tion of the United States, the Eleventh Amend3 ment to the Constitution of the United States, 

4 or any other source of law, from an action in 

5 a Federal or State court of competent jurisdic6 tion challenging that limitation or requirement. 

7 ‘‘(G) RIGHT TO REMOVE.—Any party shall 

8 have a right to remove an action brought under 

9 this subsection to the district court of the 

10 United States for the district and division em11 bracing the place where such action is pending. 

12 An order remanding the case to the State court 

13 from which it was removed under this para14 graph may be immediately reviewable by appeal 

15 or otherwise. 

16 ‘‘(e) FUNDING.—There are appropriated, for fiscal 

17 years 2023 through 2027, out of amounts in the Treasury 

18 not otherwise appropriated, such sums as may be nec19 essary for purposes of carrying out this section.’’. 

Æ 


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