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US Laws | Affordable Health Care Act (HR3950F)
Subtitle G--Miscellaneous Provisions

Subtitle G--Miscellaneous Provisions (2002)(Text)

SEC. 1551. DEFINITIONS. (2003)(Text)

Unless specifically provided for otherwise, the definitions contained in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91) shall apply with respect to this title. (2004)


Not later than 30 days after the date of enactment of this Act, the Secretary of Health and Human Services shall publish on the Internet website of the Department of Health and Human Services, a list of all of the authorities provided to the Secretary under this Act (and the amendments made by this Act). (2006)


(a) In General- The Federal Government, and any State or local government or health care provider that receives Federal financial assistance under this Act (or under an amendment made by this Act) or any health plan created under this Act (or under an amendment made by this Act), may not subject an individual or institutional health care entity to discrimination on the basis that the entity does not provide any health care item or service furnished for the purpose of causing, or for the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing. (2008)

(b) Definition- In this section, the term "health care entity" includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan. (2009)

(c) Construction and Treatment of Certain Services- Nothing in subsection (a) shall be construed to apply to, or to affect, any limitation relating to-- (2010)

(1) the withholding or withdrawing of medical treatment or medical care; (2011)

(2) the withholding or withdrawing of nutrition or hydration; (2012)

(3) abortion; or (2013)

(4) the use of an item, good, benefit, or service furnished for the purpose of alleviating pain or discomfort, even if such use may increase the risk of death, so long as such item, good, benefit, or service is not also furnished for the purpose of causing, or the purpose of assisting in causing, death, for any reason. (2014)

(d) Administration- The Office for Civil Rights of the Department of Health and Human Services is designated to receive complaints of discrimination based on this section. (2015)

SEC. 1554. ACCESS TO THERAPIES. (2016)(Text)

Notwithstanding any other provision of this Act, the Secretary of Health and Human Services shall not promulgate any regulation that-- (2017)

(1) creates any unreasonable barriers to the ability of individuals to obtain appropriate medical care; (2018)

(2) impedes timely access to health care services; (2019)

(3) interferes with communications regarding a full range of treatment options between the patient and the provider; (2020)

(4) restricts the ability of health care providers to provide full disclosure of all relevant information to patients making health care decisions; (2021)

(5) violates the principles of informed consent and the ethical standards of health care professionals; or (2022)

(6) limits the availability of health care treatment for the full duration of a patient"s medical needs. (2023)


No individual, company, business, nonprofit entity, or health insurance issuer offering group or individual health insurance coverage shall be required to participate in any Federal health insurance program created under this Act (or any amendments made by this Act), or in any Federal health insurance program expanded by this Act (or any such amendments), and there shall be no penalty or fine imposed upon any such issuer for choosing not to participate in such programs. (2025)


(a) Rebuttable Presumption- Section 411(c)(4) of the Black Lung Benefits Act (30 U.S.C. 921(c)(4)) is amended by striking the last sentence. (2027)

(b) Continuation of Benefits- Section 422(l) of the Black Lung Benefits Act (30 U.S.C. 932(l)) is amended by striking ", except with respect to a claim filed under this part on or after the effective date of the Black Lung Benefits Amendments of 1981". (2028)

(c) Effective Date- The amendments made by this section shall apply with respect to claims filed under part B or part C of the Black Lung Benefits Act (30 U.S.C. 921 et seq., 931 et seq.) after January 1, 2005, that are pending on or after the date of enactment of this Act. (2029)

SEC. 1557. NONDISCRIMINATION. (2030)(Text)

(a) In General- Except as otherwise provided for in this title (or an amendment made by this title), an individual shall not, on the ground prohibited under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), or section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any health program or activity, any part of which is receiving Federal financial assistance, including credits, subsidies, or contracts of insurance, or under any program or activity that is administered by an Executive Agency or any entity established under this title (or amendments). The enforcement mechanisms provided for and available under such title VI, title IX, section 504, or such Age Discrimination Act shall apply for purposes of violations of this subsection. (2031)

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