Sen. Roger Marshall

Conscience Protection Act of 2021 This bill provides statutory authority for certain protections for health care providers that refuse to participate in abortions based on religious beliefs or other convictions. Health care providers include individual professionals, medical facilities, health insurance organizations, and social services providers that refer clients to health care services. The federal government and entities that receive federal funding for health-related activities, including state and local governments, may not discriminate against a health care provider that refuses to be involved in, or provide coverage for, abortions. Currently, similar requirements apply to various related activities, including certain employment or personnel decisions (the Church Amendments), abortion services training (the Coats-Snowe Amendment), qualified health plans offered through health insurance exchanges, and annual appropriations bills for the Department of Health and Human Services (HHS) and other federal agencies (the Weldon Amendment). The HHS Office for Civil Rights must investigate complaints of this kind of discrimination. Furthermore, HHS may terminate or reduce HHS funding for health-related activities if a person or entity fails to comply with nondiscrimination requirements. Additionally, the Department of Justice or any entity adversely affected by such discrimination may bring a civil action to obtain appropriate relief. A plaintiff does not need to seek or exhaust administrative remedies before bringing the action. A plaintiff may also bring an action, including one for money damages, against a governmental entity. In many cases, principles of sovereign immunity shield states and some localities from these kinds of actions.

Supporting Best Practices for Healthy Moms Act This bill requires the Centers for Medicare & Medicaid Services (CMS) to publish and periodically update guidance for hospitals, freestanding birth centers, and other maternal care providers on ways to reduce maternal mortality and morbidity under Medicaid and the Children's Health Insurance Program (CHIP). The CMS must also report on the Medicaid payment methodologies that apply to facility transfers of pregnant women.

Fair and Open Competition Act or the FOCA Act This bill prohibits federal construction contracts or controlling documents for federally supported construction projects from requiring or prohibiting project labor agreements. Such documents also may not discriminate against or give preference to a bidder or contractor who signs or refuses to sign a project labor agreement. An agency may exempt a project from this prohibition to avert an imminent threat to public health or safety or to serve the national security.

National Right-to-Work Act This bill repeals those provisions of the National Labor Relations Act and the Railway Labor Act that permit employers to make an agreement with a labor union to require employees to join such union as a condition of employment. Currently, at least 27 states have enacted laws prohibiting employers from compelling employees to become members of a union as a condition of employment.

No Taxpayer Funding for Paris Climate Agreement Act This bill prohibits the use of any funds to take action providing for the United States to become a party to the Paris Agreement.

Telehealth Modernization Act This bill modifies requirements relating to coverage of telehealth services under Medicare. Specifically, the bill extends certain flexibilities that were initially authorized during the public health emergency relating to COVID-19 (i.e., coronavirus disease 2019). Among other things, the bill allows (1) rural health clinics and federally qualified health centers to serve as the distant site (i.e., the location of the health care practitioner); (2) the home of a beneficiary to serve as the originating site (i.e., the location of the beneficiary) for all services (rather than for only certain services); and (3) all types of practitioners to furnish telehealth services, as determined by the Centers for Medicare & Medicaid Services.

This resolution expresses the sense of the Senate that the Paris Agreement is considered a treaty and that President Biden should submit the agreement to the Senate for advice and consent.

ABLE Age Adjustment Act This bill increases from 26 to 46 the age threshold for tax-favored ABLE (Achieving a Better Life Experience) accounts. (ABLE accounts are designed to enable individuals with disabilities to save for and pay for disability-related expenses. To establish an account, an individual must have a qualifying impairment that began before the individual attained the age threshold.)

Protect Act This bill duplicates certain requirements for private health insurance plans with respect to preexisting conditions, enrollment eligibility, genetic testing, and discrimination based on health-related factors.

Parental Notification and Intervention Act This bill restricts the performance of an abortion on an unemancipated minor under 18 years of age. Specifically, it prohibits a person or organization from performing, facilitating, or assisting with an abortion on an unemancipated minor without first complying with certain requirements, including parental notification and a 96-hour waiting period. It establishes penalties—a fine, up to one year in prison, or both—for each willful violation. A parent who is required to be notified of an abortion of an unemancipated minor may sue in federal court to prohibit the abortion. Parental notification requirements may be waived in a medical emergency or in a case of physical abuse.