HR 358 RFS 
‘‘(2) OPTION
TO
PURCHASE
SEPARATE
COV-
ERAGE OR PLAN.—Nothing in this subsection shall 
be construed as prohibiting any non-Federal entity 
(including an individual or a State or local govern-
ment) from purchasing separate coverage for abor-
tions for which funding is prohibited under this sub-
section, or a qualified health plan that includes such 
abortions, so long as— 
‘‘(A) such coverage or plan is paid for en-
tirely using only funds not authorized or appro-
priated by this Act; and 
‘‘(B) such coverage or plan is not pur-
chased using— 
‘‘(i) individual premium payments re-
quired 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 Med-
icaid 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 
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health insurance issuer offering a qualified health 
plan from offering separate coverage for abortions 
for which funding is prohibited under this sub-
section, 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 au-
thorized 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 cov-
erage or plan; and 
‘‘(C) any such non-Federal health insur-
ance 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 abor-
tions for which funding is prohibited under this 
subsection.’’; 
(5) in subsection (e), as redesignated by para-
graph (1)— 
(A) in the heading, by striking ‘‘REGARD-
ING ABORTION’’; 
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(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 ‘‘regard-
ing the prohibition of (or requirement of) cov-
erage, 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 para-
graph (1), by striking ‘‘Nothing’’ and inserting 
‘‘Subject to subsection (g), nothing’’; and 
(7) by adding at the end the following new sub-
section: 
‘‘(g) NONDISCRIMINATION ON ABORTION.— 
‘‘(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 sub-
ject any institutional or individual health care entity 
to discrimination, or require any health plan created 
or regulated under this Act (or an amendment made 
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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 cov-
erage 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 pro-
vider-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 eq-
uitable relief, including— 
‘‘(i) injunctions prohibiting conduct 
that violates this subsection; and 
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‘‘(ii) orders preventing the disburse-
ment of all or a portion of Federal finan-
cial assistance to a State or local govern-
ment, 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 viola-
tion of this subsection; and 
‘‘(B) to pursue investigation of such com-
plaints in coordination with the Attorney Gen-
eral.’’. 
(b) CONFORMING AMENDMENT.—Section 1334(a)(6) 
of such Act is amended to read as follows: 
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