Project Logo

Protection of Conscience Project

www.consciencelaws.org

Service, not Servitude
US flag

Federal Laws and Regulations

Introduction
The Patient Protection and Affordable Care Act is the major federal health care reform law passed in the United States in 2009 and amended in 2010. It includes the following protection of conscience measures. [Full text of Act-.pdf] [Other formats]
-Administrator-

Patient Protection and Affordable Care Act

Public Law 111-148, 111th Congress

23 March, 2010


SEC. 1303. SPECIAL RULES.
(b) SPECIAL RULES RELATING TO COVERAGE OF ABORTION SERVICES
(1) Voluntary choice of coverage of abortion services

(A) IN GENERAL.-Notwithstanding any other provision of this title (or any amendment made by this title)-

(i) nothing in this title (or any amendment made by this title), shall be construed to require a qualified health plan to provide coverage of services described in subparagraph (B)(i) or (B)(ii) as part of its essential health benefits for any plan year; and

(ii) subject to subsection (a), the issuer of a qualified health plan shall determine whether or not the plan provides coverage of services described in subparagraph (B)(i) or (B)(ii) as part of such benefits for the plan year.

(B) ABORTION SERVICES . . .

(C) SEGREGATION OF FUNDS . . .

(D) ACTUARIAL VALUE . . .

(E) ENSURING COMPLIANCE WITH SEGREGATION REQUIREMENTS . . .

(2) Prohibition on the use of federal funds . . .
(3) Rules relating to notice . . .
(4) No discrimination on basis of provision of abortion

No qualified health plan offered through an Exchange may discriminate against any individual health care provider or health care facility because of its unwillingness to provide, pay for, provide coverage of, or refer for abortions

(c) APPLICATION OF STATE AND FEDERAL LAWS REGARDING
ABORTION
(1) No preemption of state laws regarding abortion

Nothing in this Act shall be construed to preempt or otherwise have any effect on State laws regarding the prohibition of (or requirement of) coverage, funding, or procedural requirements on abortions, including parental notification or consent for the performance of an abortion on a minor.

(2) No effect on federal laws regarding abortion

(A) IN GENERAL -Nothing in this Act shall be construed to have any effect on Federal laws regarding-

(i) conscience protection;

(ii) willingness or refusal to provide abortion; and

(iii) discrimination on the basis of the willingness or refusal to provide, pay for, cover, or refer for abortion or to provide or participate in training to provide abortion.

(3) No effect on federal civil rights law

Nothing in this subsection shall alter the rights and obligations of employees and employers under title VII of the Civil Rights Act of 1964.

(d) APPLICATION OF EMERGENCY SERVICES LAWS

Nothing in this Act shall be construed to relieve any health care provider from providing emergency services as required by State or Federal law, including section 1867 of the Social Security Act (popularly known as 'EMTALA').''.

SEC. 1553. PROHIBITION AGAINST DISCRIMINATION ON ASSISTED SUICIDE.

(a) In General- The Federal Government, and any State or local government or health care provider that receives Federal financial assistance under this Act (or under an amendment made by this Act) or any health plan created under this Act (or under an amendment made by this Act), may not subject an individual or institutional health care entity to discrimination on the basis that the entity does not provide any health care item or service furnished for the purpose of causing, or for the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.

(b) Definition- In this section, the term 'health care entity' includes an individual physician or other health care professional, 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.

(c) Construction and Treatment of Certain Services-Nothing in subsection (a) shall be construed to apply to, or to affect, any limitation relating to--

(1) the withholding or withdrawing of medical treatment or medical care;

(2) the withholding or withdrawing of nutrition or hydration;

(3) abortion; or

(4) the use of an item, good, benefit, or service furnished for the purpose of alleviating pain or discomfort, even if such use may increase the risk of death, so long as such item, good, benefit, or service is not also furnished for the purpose of causing, or the purpose of assisting in causing, death, for any reason.

(d) Administration- The Office for Civil Rights of the Department of Health and Human Services is designated to receive complaints of discrimination based on this section.