MICROFILTRACIÓN GRADO III

AN ACT Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2008, and for other pur- poses.

* * * * * * * DIVISION G—DEPARTMENTS OF LABOR, HEALTH AND

HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008

* * * * * * * TITLE II

DEPARTMENT OF HEALTH AND HUMAN SERVICES APPROPRIATIONS ACT, 2008

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GENERALPROVISIONS

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øSec. 223. There is hereby established in the Treasury of the

United States a fund to be known as the ‘‘Nonrecurring expenses fund’’ (the Fund): Provided, That unobligated balances of expired discretionary funds appropriated in this or any succeeding fiscal year from the General Fund of the Treasury to the Department of Health and Human Services by this or any other Act may be trans-

ferred (not later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated) into the Fund: Provided further, That amounts deposited in the Fund shall be available until expended, and in ad- dition to such other funds as may be available for such purposes, for capital acquisition necessary for the operation of the Depart- ment, including facilities infrastructure and information technology infrastructure, subject to approval by the Office of Management and Budget: Provided further, That amounts in the Fund may be obligated only after the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of the planned use of funds.¿

* * * * * * * PUBLIC HEALTH SERVICE ACT

* * * * * * * TITLE II—ADMINISTRATION AND MISCELLANEOUS

PROVISIONS

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PART B—MISCELLANEOUSPROVISIONS

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ABORTION-RELATED DISCRIMINATION IN GOVERNMENTAL ACTIVITIES

REGARDING TRAINING øAND LICENSING OF PHYSICIANS¿, LICENS-

ING, AND PRACTICE OF PHYSICIANS AND OTHER HEALTH CARE ENTI- TIES

SEC. 245. (a) IN GENERAL.—The Federal Government, and any

State or local government that receives Federal financial assist- ance, may not subject any health care entity to discrimination on the basis that—

ø(1) the entity refuses to undergo training in the perform-

ance of induced abortions, to require or provide such training, to perform such abortions, or to provide referrals for such training or such abortions;¿

(1) the entity refuses—

(A) to undergo training in the performance of induced abortions;

(B) to require or provide such training;

(C) to perform, participate in, provide coverage of, or pay for induced abortions; or

(D) to provide referrals for such training or such abor- tions;

(2) the entity refuses to make arrangements for any of the activities specified in paragraph (1); or

(3) the entity attends (or attended) a post-graduate physician training program, or any other program of training in the health professions, that does not (or did not) perform induced abortions or require, provide or refer for training in the per- formance of induced abortions, or make arrangements for the provision of such training.

(b) ACCREDITATION OF POSTGRADUATE PHYSICIAN TRAINING PRO-

GRAMS.—

(1) IN GENERAL.—In determining whether to grant a legal

status to a health care entity (including a license or certifi- cate), or to provide such entity with financial assistance, serv- ices or other benefits, the Federal Government, or any State or local government that receives Federal financial assistance, shall deem accredited any postgraduate physician training pro- gram that would be accredited but for the accrediting agency’s reliance upon an accreditation østandards¿ standard that re- quires an entity to perform an induced abortion or require, pro- vide, or refer for training in the performance of induced abor- tions, or make arrangements for such training, regardless of whether such standard provides exceptions or exemptions. The government involved shall formulate such regulations or other mechanisms, or enter into such agreements with accrediting agencies, as are necessary to comply with this subsection.

(2) RULES OF CONSTRUCTION.—

(A) IN GENERAL.—With respect to subclauses (I) and (II)

of section 705(a)(2)(B)(i) (relating to a program of insured loans for training in the health professions), the require- ments in such subclauses regarding accredited internship or residency programs are subject to paragraph (1) of this subsection.

(B) EXCEPTIONS.—This section shall not—

(i) prevent any health care entity from voluntarily electing to be trained, to train, or to arrange for train- ing in the performance of, to perform, or to make re- ferrals for induced abortions; or

(ii) prevent an accrediting agency or a Federal, State or local government from establishing standards of medical competency applicable only to those individ- uals who have voluntarily elected to perform abor- tions.

(c) ADMINISTRATION.—The Secretary shall designate the Director of the Office for Civil Rights of the Department of Health and Human Services—

(1) to receive complaints alleging a violation of this section, section 1566 of the Patient Protection and Affordable Care Act, or any of subsections (b) through (e) of section 401 of the Health Programs Extension Act of 1973; and

(2) to pursue the investigation of such complaints, in coordi- nation with the Attorney General.

ø(c)¿ (d) DEFINITIONS.—For purposes of this section:

ø(1) The term ‘‘financial assistance’’, with respect to a gov-

ernment program, includes governmental payments provided as reimbursement for carrying out health-related activities.

ø(2) The term ‘‘health care entity’’ includes an individual

physician, a postgraduate physician training program, and a participant in a program of training in the health professions.¿

(1) The term ‘‘financial assistance’’, with respect to a govern- ment program, means governmental payments to cover the cost of health care services or benefits, or other Federal payments, grants, or loans to promote or otherwise facilitate health-related activities.

(2) The term ‘‘health care entity’’ includes an individual phy- sician or other health professional, a postgraduate physician training program, a participant in a program of training in the health professions, a hospital, a provider-sponsored organiza- tion as defined in section 1855(d) of the Social Security Act, a health maintenance organization, an accountable care organiza- tion, an issuer of health insurance coverage, any other kind of health care facility, organization, or plan, and an entity that provides or authorizes referrals for health care services.

(3) The term ‘‘postgraduate physician training program’’ in- cludes a residency training program.

(4) The term ‘‘State or local government that receives Federal financial assistance’’ includes any agency or other governmental unit of a State or local government if such government receives Federal financial assistance.