Abortion Non-Discrimination Act of 2013

Bill: 113-s-137
Sponsor: full_name: Sen. Vitter, David [R-LA]
Introduced: 2013-01-24
Policy area: Health
Subjects: Abortion

Administrative remedies

Civil actions and liability

Department of Health and Human Services

Government studies and investigations

Health care costs and insurance

Health facilities and institutions

Health personnel

Health programs administration and funding

Licensing and registrations

Medical education

Medical ethics
Latest action: action_date: 2013-01-24
text: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Summaries:
action_date: 2013-01-24
action_desc: Introduced in Senate
text: <p>Abortion Non-Discrimination Act of 2013 - Amends the Public Health Service Act to codify the prohibition against any action by the federal government and any state or local government receiving federal financial assistance to subject a health professional, a hospital, a provider-sponsored organization, a health maintenance organization, an accountable care organization, a health insurance plan, or any other kind of health care facility, organization, or plan to discrimination on the basis that the entity refuses to participate in abortion-related activities.</p> <p>Creates a cause of action for any violation of the abortion discrimination prohibition. Gives federal courts jurisdiction to prevent and redress actual or threatened violations of such prohibition by issuing any form of legal or equitable relief, including injunctions and orders preventing the disbursement of all or a portion of federal financial assistance until the prohibited conduct has ceased. Gives standing to institute an action to affected health care entities and the Attorney General.</p> <p>Requires the Secretary of Health and Human Services to designate the Director of the Office for Civil Rights of the Department of Health and Human Services (HHS) to receive and investigate complaints alleging a violation of abortion discrimination prohibition.</p>

tv_txt: II 113th CONGRESS 1st Session S. 137 IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2013 Mr. Vitter (for himself, Mr. Coats , Mr. Boozman , Mr. Risch , Mr. Enzi , Mr. Coburn , Mr. Chambliss , and Mr. Johanns ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to prohibit certain abortion-related discrimination in governmental activities.

1. Short title This Act may be cited as the Abortion Non-Discrimination Act of 2013 . 2. Abortion non-discrimination Section 245 of the Public Health Service Act ( 42 U.S.C. 238n ) is amended— (1) in the section heading, by striking and licensing of physicians and inserting , licensing, and practice of physicians and other health care entities ; (2) in subsection (a), by amending paragraph (1) to read as follows: (1) the entity refuses— (A) to undergo training in the performance of induced abortions; (B) to require or provide such training; (C) to perform, participate in, provide coverage of, or pay for induced abortions; or (D) to provide referrals for such training or such abortions; ; (3) in subsection (b), by striking an accreditation standards that requires and inserting an accreditation standard that requires ; (4) in subsection (c), by amending paragraphs (1) and (2) to read as follows: (1) The term financial assistance , with respect to a government program, means governmental 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 activities. (2) The term health care entity includes an individual physician or other health professional, a postgraduate physician training program, a participant in a program of training in the health professions, a hospital, a provider sponsored organization, a health maintenance organization, an accountable care organization, a health insurance plan, or any other kind of health care facility, organization, or plan. ; (5) in subsection (c), by adding a new paragraph (4) as follows: (4) The term State or local government that receives Federal financial assistance includes any agency or other governmental unit of a State or local government that receives Federal financial assistance. . (6) by redesignating subsection (c) as subsection (e); and (7) by inserting after subsection (b) the following: (c) Remedies (1) 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— (A) injunctions prohibiting conduct that violates this section; and (B) 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 section has ceased. (2) Commencement of action An action under this section may be instituted by— (A) any health care entity that has standing to complain of an actual or threatened violation of this section; or (B) the Attorney General of the United States. (d) Administration The Secretary shall designate 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; and (2) to pursue the investigation of such complaints, in coordination with the Attorney General. .