Health Care Provider and Hospital Conscience Protection Act

To prohibit discrimination and retaliation against individuals and health care entities that refuse to recommend, refer for, provide coverage for, pay for, provide, perform, assist, or participate in abortions. 1. Short title This Act may be cited as the The Health Care Provider and Hospital Conscience Protection Act 2. Conscience protection (a) Nondiscrimination Neither the Federal Government nor a State or local government that receives Federal financial assistance shall discriminate or retaliate against any individual or health care entity because of the refusal by the individual or health care entity to recommend, refer for, provide coverage for, pay for, provide, perform, assist, or participate in, any abortion. (b) Scope Discrimination and retaliation prohibited under subsection (a) includes— (1) denial, deprivation, or disqualification in licensing; (2) withholding accreditations, authorizations, loans, grants, aids, assistance, benefits, or privileges; and (3) withholding authorization to expand, improve, finance, or create facilities or programs. 3. Judicial relief (a) Cause of action An individual or health care entity aggrieved by a violation of this Act may file a civil action in a district court of the United States. (b) Remedies In a civil action filed under subsection (a), a court may order any form of legal or equitable relief, including— (1) injunctive relief prohibiting conduct that violates this Act; and (2) an order preventing the disbursement of all or a portion of Federal financial assistance to a State government that receives Federal financial assistance until such time as the conduct prohibited by this Act has ceased. (c) Enforcement by the United States The Attorney General may file a civil action seeking injunctive or declaratory relief to enforce compliance with this Act. (d) Administration The Secretary of Health and Human Services shall designate the Director of the Office of Civil Rights of the Department of Health and Human Services— (1) to receive complaints alleging a violation of this Act; and (2) to pursue the investigation of such complaints in coordination with the Attorney General of the United States. 4. Rules of construction (a) Subsequently enacted Federal law Federal statutory law and regulations adopted after the date of enactment of this Act are subject to the requirements of this Act unless such law explicitly excludes such application by reference to this Act. (b) Broad construction This Act shall be construed in favor of broad conscience protection for individuals and health care entities, to the maximum extent permitted by the terms of this Act and the Constitution of the United States. (c) Severability If any provision of this Act or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected. 5. Definitions In this Act: (1) The term Federal Government (2) The term State government that receives Federal financial assistance (A) a State (including the District of Columbia, the Commonwealth of Puerto Rico and each territory and possession of the United States); (B) any county, municipality, or other governmental entity created under the authority of such a State; and (C) any branch, department, agency, instrumentality, or official of such a State or of an entity described in paragraph (B). (3) The term individual (4) The term health care entity (5) The term Federal financial assistance

Summary: Health Care Provider and Hospital Conscience Protection Act Prohibits the federal government and any state or local government that receives federal financial assistance from discriminating or retaliating against any individual or health care entity because of a refusal to recommend, refer for, provide coverage for, pay for, provide, perform, assist, or participate in any abortion. Includes within prohibited discrimination: (1) denial, deprivation, or disqualification in licensing; (2) withholding accreditations, authorizations, loans, grants, aids, assistance, benefits, or privileges; and (3) withholding authorization to expand, improve, finance, or create facilities or programs. Creates a cause of action for any violation of this Act. Gives federal courts jurisdiction to order any form of legal or equitable relief, including injunctive relief or an order preventing the disbursement of all or a portion of federal financial assistance to a state government until the prohibited conduct has ceased. Authorizes the Attorney General to file a civil action seeking injunctive or declaratory relief to enforce compliance with this Act. Requires the Department of Health and Human Services (HHS) to designate the HHS Office for Civil Rights to receive and investigate complaints alleging a violation of this Act. Requires this Act to be construed in favor of broad conscience protection for individuals and health care entities to the maximum extent permitted by the terms of this Act and the Constitution.