H.R. 9445: Let Doctors Provide Reproductive Health Care Act

This bill would create a federal right for health care providers to offer certain reproductive health services without being blocked, penalized, or disadvantaged by a state or other government actor, so long as the services are lawful in the state where they are provided.

What counts as covered care

The bill defines reproductive health care services broadly to include:

• abortion services
• contraception services
• in vitro fertilization (IVF)
• other reproductive care, education, and counseling

It also covers services delivered in hospitals, clinics, doctors’ offices, pharmacies, and through telehealth, as long as they are medically accurate and affect interstate commerce.

Core protection for providers

The bill says that no individual, organization, or state may prevent, restrict, impede, or disadvantage a health care provider from providing or helping provide covered reproductive health services that are legal in the state where the care is delivered.

It also protects people or organizations that help those providers, and it extends that protection to care provided for patients who do not live in the state where the service is given.

Enforcement

The U.S. Attorney General could sue states, officials, or other entities that violate these protections. The bill also lets affected individuals or entities bring their own lawsuits, and lets providers sue on their own behalf, on behalf of staff, and on behalf of patients who may be affected.

Courts could issue orders stopping the challenged state rule or action, and successful plaintiffs would be entitled to court costs and reasonable attorney’s fees. The bill also allows cases to be moved from state court to federal court.

Limits on state enforcement using federal money

The bill would bar federal funds from being used by a state to pursue lawsuits, discipline, licensing actions, or other enforcement actions against people or entities for providing or helping provide reproductive health services that are lawful in the state where they are provided.

Legal assistance grants

The bill would appropriate $40 million to the Attorney General to award grants to legal service organizations that help providers facing legal issues related to reproductive health care. Those funds could be used for legal advice, representation, education about legal rights and obligations, monitoring state compliance, and related activities.

Security grants

The bill would appropriate another $40 million to the Secretary of Health and Human Services to provide grants to providers that offer or refer for abortion care. These grants could be used for security upgrades, staff training, cyberattack protection, data security, protective services, and related activities.

Insurance protections

The bill would prohibit professional liability insurers from denying coverage to a health care provider solely because the provider offers, supports, provides, or prescribes lawful reproductive health care services. It would also bar insurers from suing a provider solely for providing those services.

Relevant Companies

None found