The Conscience Protection Act of 2025 aims to prevent discrimination against healthcare entities that decline to participate in abortion-related activities. It amends the Public Health Service Act to explicitly prohibit the Federal Government and any recipient of Federal financial assistance, including state and local governments, from penalizing, retaliating against, or otherwise discriminating against such healthcare providers. This new section, 245A, broadly defines a "health care entity" to include individuals, hospitals, pharmacies, insurers, and educational programs. Specifically, the bill prohibits discrimination based on a healthcare entity's decision not to provide, perform, refer for, pay for, or otherwise participate in abortion, or to provide or sponsor abortion coverage. It clarifies that this prohibition does not prevent entities from voluntarily participating in abortion services where not otherwise illegal. Furthermore, it ensures that accrediting agencies or governments can still establish medical competency standards for those who *do* elect to perform abortions, and it does not affect laws requiring stabilizing treatment for emergency care. To strengthen enforcement, the bill mandates the Secretary of Health and Human Services to issue regulations for various federal conscience laws, including the new provisions. The **Office for Civil Rights** within HHS is designated to receive and promptly investigate complaints, issue findings, and require corrective actions for violations. Non-compliant individuals or entities, including state and local governments, may face termination of federal financial assistance. Crucially, the legislation establishes a **private right of action**, allowing the Attorney General or any adversely affected individual or entity to file a civil lawsuit for violations of these conscience laws. This action can be commenced without first exhausting administrative remedies, and governmental entities can be named as defendants. Courts are empowered to grant all appropriate relief, including injunctive relief, declaratory relief, compensatory damages, and reasonable attorneys' fees to prevailing plaintiffs.
The Conscience Protection Act of 2025 aims to prevent discrimination against healthcare entities that decline to participate in abortion-related activities. It amends the Public Health Service Act to explicitly prohibit the Federal Government and any recipient of Federal financial assistance, including state and local governments, from penalizing, retaliating against, or otherwise discriminating against such healthcare providers. This new section, 245A, broadly defines a "health care entity" to include individuals, hospitals, pharmacies, insurers, and educational programs. Specifically, the bill prohibits discrimination based on a healthcare entity's decision not to provide, perform, refer for, pay for, or otherwise participate in abortion, or to provide or sponsor abortion coverage. It clarifies that this prohibition does not prevent entities from voluntarily participating in abortion services where not otherwise illegal. Furthermore, it ensures that accrediting agencies or governments can still establish medical competency standards for those who *do* elect to perform abortions, and it does not affect laws requiring stabilizing treatment for emergency care. To strengthen enforcement, the bill mandates the Secretary of Health and Human Services to issue regulations for various federal conscience laws, including the new provisions. The **Office for Civil Rights** within HHS is designated to receive and promptly investigate complaints, issue findings, and require corrective actions for violations. Non-compliant individuals or entities, including state and local governments, may face termination of federal financial assistance. Crucially, the legislation establishes a **private right of action**, allowing the Attorney General or any adversely affected individual or entity to file a civil lawsuit for violations of these conscience laws. This action can be commenced without first exhausting administrative remedies, and governmental entities can be named as defendants. Courts are empowered to grant all appropriate relief, including injunctive relief, declaratory relief, compensatory damages, and reasonable attorneys' fees to prevailing plaintiffs.