[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4796 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4796
To establish a grant program to fund reproductive health patient
navigators for individuals seeking abortion services.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 20, 2023
Ms. Lee of Nevada (for herself, Ms. Blunt Rochester, Mr. Carter of
Louisiana, Mr. Connolly, Ms. Crockett, Mr. Evans, Mr. Gottheimer, Mr.
Grijalva, Mr. Huffman, Ms. Kamlager-Dove, Mr. Lieu, Mrs. McClellan, Mr.
Schiff, Ms. Titus, Ms. Tokuda, Mr. Trone, Ms. Williams of Georgia, Ms.
Norton, Ms. Barragan, Mr. Landsman, Mr. Johnson of Georgia, Ms. Wilson
of Florida, Mrs. Watson Coleman, Mrs. Fletcher, Mr. Casten, Ms. Sewell,
Mr. Soto, Mr. Horsford, Mr. Panetta, Ms. Jackson Lee, Ms. Clarke of New
York, Ms. Spanberger, Mrs. Sykes, and Mrs. Hayes) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To establish a grant program to fund reproductive health patient
navigators for individuals seeking abortion services.
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 ``Reproductive Health Patient
Navigator Act of 2023''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) As the legal hurdles to abortion services increase, so
does the complexity of navigating access to these essential
reproductive health services.
(2) Community-based organizations like abortion funds are
connecting people to abortions, by working with individuals to
navigate an ever-evolving landscape of reproductive health
care.
(3) Abortion funds have been helping individuals navigate
the complexity of abortion services for decades and are well
placed to lead patient navigation programs.
SEC. 3. ESTABLISHMENT OF GRANT PROGRAM FOR REPRODUCTIVE HEALTH PATIENT
NAVIGATORS.
Subpart V of part D of title III of the Public Health Service Act
(42 U.S.C. 256 et seq.) is amended by adding at the end the following:
``SEC. 340A-1. ESTABLISHMENT OF GRANT PROGRAM FOR REPRODUCTIVE HEALTH
PATIENT NAVIGATORS.
``(a) In General.--The Secretary shall establish a grant program to
support eligible entities for purposes of serving as reproductive
health patient navigators for individuals seeking to access abortion
services in order to connect those individuals to abortion services.
``(b) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall--
``(1) be an abortion fund or other nonprofit organization,
a community-based organization, a State, local governmental
entity, or Tribal government that, through programs, services,
or activities that are unbiased and medically- and factually-
accurate, assists individuals seeking abortion services; and
``(2) submit an application to the Secretary, at such time,
in such manner, and containing such information as the
Secretary may require, including a plan for--
``(A) establishing and operating a program of
patient navigator services to help individuals seeking
abortion services access abortion services, as
described in subsection (c); and
``(B) ensuring that any personally identifiable
patient data obtained through the operation of such
program is kept confidential.
``(c) Activities.--An eligible entity receiving a grant under this
section shall use such funds for one or more of the following
activities related to abortion services:
``(1) Offering individuals seeking abortion services
medically-accurate, culturally- and linguistically-appropriate
services and resources.
``(2) Coordinating financing resources for travel-related
costs, including transportation, childcare, and lodging.
``(3) Coordinating abortion services, including identifying
available abortion providers and scheduling appointments.
``(4) Providing emotional wellness and doula support to
individuals accessing abortion services.
``(5) Providing individuals seeking abortion services with
unbiased and medically and factually accurate reproductive
health information to support individuals' informed decision-
making.
``(6) Developing partnerships with local community
organizations providing services for which eligible entity
provides assistance, abortion service providers, and other
patient navigators, such as patient navigators receiving grants
under section 340A.
``(7) Assisting with understanding reimbursement and health
insurance coverage options, including completing eligibility
and enrollment forms.
``(8) Assisting with understanding where abortion services
are legal and the ways in which abortion services may be
restricted.
``(d) Patient Navigator Protections.--
``(1) In general.--No individual, entity, or State may
prevent, restrict, impede, or disadvantage an entity eligible
to receive a grant under this section by nature of delivering
services described in subsection (c), or any affiliate of such
an entity or individual or other entity collaborating with such
an entity, from--
``(A) providing or assisting a health care
provider, or any other person, with eligible services
described in subsection (c) related to reproductive
health care services--
``(i) lawful in the State in which services
are to be provided; or
``(ii) provided for an individual who does
not reside in the State in which the services
are to be provided; or
``(B) carrying out the activities described in this
section in any State, including any State in which
abortion services are not lawful.
``(2) Enforcement.--
``(A) Attorney general.--The Attorney General may
commence a civil action on behalf of the United States
against any State, or against any government official,
individual, or entity that enacts, implements, or
enforces a limitation or requirement that violates
paragraph (1). The court shall hold unlawful and set
aside the limitation or requirement if it is in
violation of paragraph (1).
``(B) Private right of action.--Any reproductive
health patient navigator adversely affected by an
alleged violation of paragraph (1) may commence a civil
action against any State that violates this subsection,
against any government official that enacts,
implements, or enforces a limitation or requirement
that violates paragraph (1), or against any individual
who, pursuant to State law, prevents, restricts,
impedes, or disadvantages the entity from carrying out
activities in violation of paragraph (1). The court
shall hold unlawful and enjoin the limitation or
requirement if it is in violation of paragraph (1).
``(C) Equitable relief.--In any action under this
subsection, the court may award appropriate equitable
relief, including temporary, preliminary, or permanent
injunctive relief.
``(D) Costs.--In any action under this subsection,
the court shall award costs of litigation, as well as
reasonable attorney's fees, to any prevailing
plaintiff. A plaintiff shall not be liable to a
defendant for costs or attorney's fees in any
nonfrivolous action under this subsection.
``(E) Jurisdiction.--The district courts of the
United States shall have jurisdiction over proceedings
under this subsection and shall exercise the same
without regard to whether the party aggrieved shall
have exhausted any administrative or other remedies
that may be provided for by law.
``(F) Abrogation of state immunity.--Neither a
State that enforces or maintains, nor a government
official who is permitted to implement or enforce, any
limitation or requirement that violates paragraph (1)
shall be immune under the Tenth Amendment to the
Constitution of the United States, the Eleventh
Amendment to the Constitution of the United States, or
any other source of law, from an action in a Federal or
State court of competent jurisdiction challenging that
limitation or requirement.
``(G) Right to remove.--Any party shall have a
right to remove an action brought under this subsection
to the district court of the United States for the
district and division embracing the place where such
action is pending. An order remanding the case to the
State court from which it was removed under this
paragraph may be immediately reviewable by appeal or
otherwise.
``(e) Funding.--There are appropriated, for fiscal years 2023
through 2027, out of amounts in the Treasury not otherwise
appropriated, such sums as may be necessary for purposes of carrying
out this section.''.
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