Proposed protection of conscience law

Introduction
The proposed amendment is intended to reaffirm the basic principle that no health care provider should be forced to perform or participate in abortions, and clarifies that the term “health care entity” in existing law includes the full range of participants involved in providing health care, such as health care professionals, health plans, hospitals and other health facilities. The bill also strengthens existing law by providing that health care entities should not be forced by government to pay for abortions. The bill passed the House on 25 September, 2002 and was first introduced in the Senate as S.2008 in March, 2002. It has now been re-introduced, with additional sponsors.

Abortion Non-Discrimination Act

108th CONGRESS

1st Session

S. 1397

To prohibit certain abortion-related discrimination in governmental activities.

IN THE SENATE OF THE UNITED STATES

July 14, 2003

Mr. GREGG (for himself, Mr. NELSON of Nebraska, Mr. SANTORUM, Mr. BROWNBACK, Mr. SUNUNU, Mr. INHOFE, Mr. LUGAR, and Mr. FITZGERALD) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To prohibit certain abortion-related discrimination in governmental activities.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Abortion Non-Discrimination Act of 2003'.

SEC. 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)(1), by striking `to perform such abortions' and inserting `to perform, provide coverage of, or pay for induced abortions'; and

(3) in subsection (c)--

(A) in paragraph (1), by striking `includes' and inserting `means'; and

(B) in paragraph (2)--

(i) by inserting `or other health professional,' after `and individual physician';

(ii) by striking `and a participant' and inserting `a participant'; and

(iii) by inserting before the period the following: `, a hospital, a provider sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization or plan'.

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