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Protection of Conscience Project

www.consciencelaws.org

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U.S. House of Representatives

Bill HR 3962 (2009)

Affordable Health Care for America Act

111th Congress
1st Session

Introduction
The following is an extract from a health care reform bill over 2,000 pages long, passed by the House on 7 November, 2009. [Administrator]

SEC. 258. APPLICATION OF STATE AND FEDERAL LAWS REGARDING ABORTION.

(a) NO PREEMPTION OF STATE LAWS REGARDING ABORTION.-

Nothing in this Act shall be construed to preempt or otherwise have any effect on State laws . . .

(b) NO EFFECT ON FEDERAL LAWS REGARDING ABORTION.-

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

(A) conscience protection;

(B) willingness or refusal to provide abortion; and

(C) 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.

(c) NO EFFECT ON FEDERAL CIVIL RIGHTS LAW.-

Nothing in this section shall alter the rights and obligations of employees and employers under title VII of the 2 Civil Rights Act of 1964.

SEC. 259. NONDISCRIMINATION ON ABORTION AND RESPECT FOR RIGHTS OF CONSCIENCE.

(a) 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-

(1) subject any individual or institutional health care entity to discrimination; or

(2) require any health plan created or regulated under this Act (or an amendment made by this Act) to subject any individual or institutional health care entity to discrimination,on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions.

(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) 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, and coordinate the investigation of such complaints.

 

 

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