Conscience Protection Act of 2025
Conscience Protection Act of 2025 would amend the Public Health Service Act to shield health care entities that do not participate in abortion from federal, state, or local discrimination when they receive any federal funds. It creates a new 245A provision that bars penalties or exclusion of such entities for opting out of abortion, abortion coverage, or related activities. The bill also strengthens enforcement by establishing an administrative pathway (245B) through the Department of Health and Human Services’ Office for Civil Rights to investigate complaints and, if needed, cut off federal funds to compel compliance. Finally, it provides a private civil action (245C) that allows the Attorney General or any adversely affected party to sue for violations, with remedies including injunctive relief, damages, and attorneys’ fees. The measure includes definitions to broadly cover what counts as a health care entity and what constitutes federal financial assistance, and it adds severability to preserve the rest of the act if parts are held unconstitutional. The bill emphasizes the protection of conscience rights, cites historical conscience provisions and Weldon/Church Amendments, and seeks to ensure consistent enforcement across federal conscience protections. It also permits voluntary participation in abortion-related activities and clarifies that the new provisions do not automatically override state insurance regulations or emergency care requirements in all circumstances. Overall, it would markedly expand the federal government’s leverage to prohibit discrimination against providers who decline to participate in abortion and would add a private right of action to address alleged violations.
Key Points
- 1Prohibits discrimination against health care entities that do not participate in abortion (245A).
- 2Broad definitions to cover a wide range of health care entities and federal financial assistance (including providers, insurers, hospitals, and related organizations).
- 3Strengthened enforcement: creates an administrative enforcement pathway (245B) via the HHS Office for Civil Rights and allows possible termination of federal funds to induce compliance.
- 4Civil action for violations: allows the Attorney General or affected parties to sue for violations (245C), with injunctive relief, damages, and attorneys’ fees.
- 5Relationship to existing conscience protections: preserves voluntariness in some cases, allows standards or contracts for those who elect to participate, and outlines scope relative to other federal and state laws; includes severability.