18 (2) VOLUNTARY CHOICE OF COVERAGE BY
19 PLAN.—In the case of a qualified health benefits
20 plan, the plan is not required (or prohibited) under
21 this Act from providing coverage of services de22
scribed in paragraph (4)(A) or (4)(B) and the
23 QHBP offering entity shall determine whether such
24 coverage is provided.
1 (3) COVERAGE UNDER PUBLIC HEALTH INSUR2
ANCE OPTION.—The public health insurance option
3 shall provide coverage for services described in para4
graph (4)(B). Nothing in this Act shall be construed
5 as preventing the public health insurance option
6 from providing for or prohibiting coverage of serv7
ices described in paragraph (4)(A).
8 (4) ABORTION SERVICES.—
9 (A) ABORTIONS FOR WHICH PUBLIC FUND10
ING IS PROHIBITED.—The services described in
11 this subparagraph are abortions for which the
12 expenditure of Federal funds appropriated for
13 the Department of Health and Human Services
14 is not permitted, based on the law as in effect
15 as of the date that is 6 months before the be16
ginning of the plan year involved.
17 (B) ABORTIONS FOR WHICH PUBLIC FUND18
ING IS ALLOWED.—The services described in
19 this subparagraph are abortions for which the
20 expenditure of Federal funds appropriated for
21 the Department of Health and Human Services
22 is permitted, based on the law as in effect as
23 of the date that is 6 months before the begin24
ning of the plan year involved.
GARDING ABORTION.
5 (a) NO PREEMPTION OF STATE LAWS REGARDING
6 ABORTION.—Nothing in this Act shall be construed to
7 preempt or otherwise have any effect on State laws regard8
ing the prohibition of (or requirement of) coverage, fund9
ing, or procedural requirements on abortions, including
10 parental notification or consent for the performance of an
11 abortion on a minor.
12 (b) NO EFFECT ON FEDERAL LAWS REGARDING
13 ABORTION.—
14 (1) IN GENERAL.—Nothing in this Act shall be
15 construed to have any effect on Federal laws regard16
ing—
17 (A) conscience protection;
18 (B) willingness or refusal to provide abor19
tion; and
20 (C) discrimination on the basis of the will21
ingness or refusal to provide, pay for, cover, or
22 refer for abortion or to provide or participate in
23 training to provide abortion.
24 (c) NO EFFECT ON FEDERAL CIVIL RIGHTS LAW.—
25 Nothing in this section shall alter the rights and obliga-
1 tions of employees and employers under title VII of the
2 Civil Rights Act of 1964.
3 SEC. 259. NONDISCRIMINATION ON ABORTION AND RE4
SPECT FOR RIGHTS OF CONSCIENCE.
5 (a) NONDISCRIMINATION.—A Federal agency or pro6
gram, and any State or local government that receives
7 Federal financial assistance under this Act (or an amend8
ment made by this Act), may not—
9 (1) subject any individual or institutional health
10 care entity to discrimination; or
11 (2) require any health plan created or regulated
12 under this Act (or an amendment made by this Act)
13 to subject any individual or institutional health care
14 entity to discrimination,
15 on the basis that the health care entity does not provide,
16 pay for, provide coverage of, or refer for abortions.
17 (b) DEFINITION.—In this section, the term ‘‘health
18 care entity’’ includes an individual physician or other
19 health care professional, a hospital, a provider-sponsored
20 organization, a health maintenance organization, a health
21 insurance plan, or any other kind of health care facility,
22 organization, or plan.
18 (d) NO DISCRIMINATION ON THE BASIS OF PROVI19
SION OF ABORTION.—No Exchange participating health
20 benefits plan may discriminate against any individual
21 health care provider or health care facility because of its
22 willingness or unwillingness to provide, pay for, provide
23 coverage of, or refer for abortions.
(3) PROHIBITION OF USE OF PUBLIC FUNDS
12 FOR ABORTION COVERAGE.—An affordability credit
13 may not be used for payment for services described
14 in section 222(d)(4)(A).
16 (c) SENSE OF CONGRESS REGARDING LONGITU17
DINAL STUDY OF RELATIVE MENTAL HEALTH CON18
SEQUENCES FOR WOMEN OF RESOLVING A PREG19
NANCY.—
20 (1) SENSE OF CONGRESS.—It is the sense of
21 the Congress that the Director of the National Insti22
tute of Mental Health may conduct a nationally rep23
resentative longitudinal study (during the period of
24 fiscal years 2011 through 2020) on the relative men25
tal health consequences for women of resolving a
1 pregnancy (intended and unintended) in various
2 ways, including carrying the pregnancy to term and
3 parenting the child, carrying the pregnancy to term
4 and placing the child for adoption, miscarriage, and
5 having an abortion. This study may assess the inci6
dence, timing, magnitude, and duration of the imme7
diate and long-term mental health consequences
8 (positive or negative) of these pregnancy outcomes.
9 (2) REPORT.—Beginning not later than 3 years
10 after the date of the enactment of this Act, and peri11
odically thereafter for the duration of the study,
12 such Director may prepare and submit to the Con13
gress reports on the findings of the study.
14 (d) DEFINITIONS.—In this section:
1 ‘‘SEC. 804. LIMITATION ON USE OF FUNDS APPROPRIATED
2 TO INDIAN HEALTH SERVICE.
3 ‘‘Any limitation on the use of funds contained in an
4 Act providing appropriations for the Department for a pe5
riod with respect to the performance of abortions shall
6 apply for that period with respect to the performance of
7 abortions using funds contained in an Act providing ap8
propriations for the Service.