U.S. Senate
HR3590
PATIENT PROTECTION AND AFFORDABLE CARE ACT
Brownback Amendment
Filed 15 December, 2009
Introduction
This amendment was introduced by Senator Sam Blackburn to
the
original text of the
protection of conscience provisions of HR3590. However, parliamentary procedures
were used to keep this and other amendments from coming to a vote.
[Administrator]
SEC. 1562. CONSCIENCE PROTECTION.
4 (a) PERMISSIBLE ACCOMMODATIONS.-Nothing in this Act
(or an amendment made by this Act) shall be construed to-
(1) require a health plan or health insurance issuer to
provide coverage of any item or service to which the health insurance
issuer, purchaser, or plan sponsor has a moral or religious objection, or
require such coverage for the purpose of-
(A) qualifying as a qualified health plan or
participating in an Exchange; or
(B) being eligible for a premium tax credit or
cost-sharing reduction or avoiding an assessable payment under section 4980H
of the Internal Revenue Code of 1986 (as added by section 1513) or any other
tax, assessment, or penalty; or
(2) require an individual or institutional health care
provider to provide, participate in, or refer for an item or service to
which such provider has a moral or religious objection, or require such
conduct as a condition of contracting with a qualified health plan.
(b) NONDISCRIMINATION.-No person implementing this Act
(or an amendment made by this Act) shall discriminate against a health plan,
health insurance issuer, purchaser, plan sponsor, or individual or
institutional health care provider based in whole or in part on an
accommodation permitted under subsection (a).
(c) EXCEPTION.-Nothing in this section authorizes a
health plan, health insurance issuer, or individual or institutional health
care provider to deny all medical care or to deny life-preserving care to an
individual based on the view that, because of a disability or other
characteristic of such individual, extending the life or preserving the
health of such individual is less valuable than extending the life or
preserving the health of another individual who does not have such
disability or other characteristic.