159 
‘‘SEC. 245A. PROHIBITING GOVERNMENTAL DISCRIMINA-
TION AGAINST PROVIDERS OF HEALTH SERV-
ICES THAT ARE NOT INVOLVED IN ABORTION. 
‘‘(a) IN GENERAL.—Notwithstanding any other law, 
the Federal Government, and any State or local govern-
ment that receives Federal financial assistance, may not 
penalize, retaliate against, or otherwise discriminate 
against a health care provider on the basis that the pro-
vider does not— 
‘‘(1) perform, refer for, pay for, or otherwise 
participate in abortion; 
‘‘(2) provide or sponsor abortion coverage; or 
‘‘(3) facilitate or make arrangements for any of 
the activities specified in this subsection. 
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed— 
‘‘(1) to prevent any health care provider from 
voluntarily electing to participate in abortions or 
abortion referrals; 
‘‘(2) to prevent any health care provider from 
voluntarily electing to provide or sponsor abortion 
coverage or health benefits coverage that includes 
abortion; 
‘‘(3) to prevent an accrediting agency, the Fed-
eral Government, or a State or local government 
from establishing standards of medical competency 
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applicable only to those who have knowingly, volun-
tarily, and specifically elected to perform abortions, 
or from enforcing contractual obligations applicable 
only to those who, as part of such contract, know-
ingly, voluntarily, and specifically elect to provide 
abortions; 
‘‘(4) to affect, or be affected by, section 1867 
of the Social Security Act (42 U.S.C. 1395dd, com-
monly referred to as the ‘Emergency Medical Treat-
ment and Active Labor Act’); or 
‘‘(5) to supersede any law enacted by any State 
for the purpose of regulating insurance, except as 
specified in subsection (a). 
‘‘(c) ADMINISTRATION.—The Secretary shall des-
ignate the Director of the Office for Civil Rights of the 
Department of Health and Human Services— 
‘‘(1) to receive complaints alleging a violation of 
this section, section 245 of this Act, or any of sub-
sections (b) through (e) of section 401 of the Health 
Programs Extension Act of 1973; and 
‘‘(2) to pursue the investigation of such com-
plaints in coordination with the Attorney General. 
‘‘(d) DEFINITIONS.—For purposes of this section: 
‘‘(1) FEDERAL
FINANCIAL
ASSISTANCE.—The 
term ‘Federal financial assistance’ means Federal 
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payments to cover the cost of health care services or 
benefits, or other Federal payments, grants, or loans 
to promote or otherwise facilitate health-related ac-
tivities. 
‘‘(2) HEALTH
CARE
PROVIDER.—The term 
‘health care provider’ means— 
‘‘(A) an individual physician, nurse, or 
other health care professional; 
‘‘(B) a hospital, health system, or other 
health care facility or organization (including a 
party to a proposed merger or other collabo-
rative arrangement relating to health services, 
and an entity resulting therefrom); 
‘‘(C) a provider-sponsored organization, an 
accountable care organization, or a health 
maintenance organization; 
‘‘(D) a social services provider that pro-
vides or authorizes referrals for health care 
services; 
‘‘(E) a program of training in the health 
professions or an applicant to or participant in 
such a program; 
‘‘(F) an issuer of health insurance cov-
erage; or 
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‘‘(G) a group health plan or student health 
plan, or a sponsor or administrator thereof. 
‘‘(3) STATE OR LOCAL GOVERNMENT THAT RE-
CEIVES
FEDERAL
FINANCIAL
ASSISTANCE.—The 
term ‘State or local government that receives Fed-
eral financial assistance’ includes every agency and 
other governmental unit and subdivision of a State 
or local government, if such State or local govern-
ment, or any agency or governmental unit or sub-
division thereof, receives Federal financial assist-
ance. 
‘‘SEC. 245B. CIVIL ACTION FOR CERTAIN VIOLATIONS. 
‘‘(a) IN GENERAL.—A qualified party may, in a civil 
action, obtain appropriate relief with regard to a des-
ignated violation. 
‘‘(b) DEFINITIONS.—For purposes of this section: 
‘‘(1) QUALIFIED PARTY.—The term ‘qualified 
party’ means— 
‘‘(A) the Attorney General of the United 
States; or 
‘‘(B) any person or entity adversely af-
fected by the designated violation. 
‘‘(2) DESIGNATED VIOLATION.—The term ‘des-
ignated violation’ means an actual or threatened vio-
lation of— 
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‘‘(A) section 245 or 245A of this Act; or 
‘‘(B) any of subsections (b) through (e) of 
section 401 of the Health Programs Extension 
Act of 1973 regarding an objection to abortion. 
‘‘(c) ADMINISTRATIVE REMEDIES NOT REQUIRED.— 
An action under this section may be commenced, and relief 
may be granted, without regard to whether the party com-
mencing the action has sought or exhausted available ad-
ministrative remedies. 
‘‘(d) DEFENDANTS IN ACTIONS UNDER THIS SEC-
TION MAY INCLUDE GOVERNMENTAL ENTITIES AS WELL 
AS OTHERS.— 
‘‘(1) IN GENERAL.—An action under this sec-
tion may be maintained against, among others, a 
party that is a Federal or State governmental entity. 
Relief in an action under this section may include 
money damages even if the defendant is such a gov-
ernmental entity. 
‘‘(2) DEFINITION.—For the purposes of this 
subsection, the term ‘State governmental entity’ 
means a State, a local government within a State, 
and any agency or other governmental unit or sub-
division of a State or of such a local government. 
‘‘(e) NATURE OF RELIEF.—In an action under this 
section, the court shall grant— 
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