S. 1756 — Conscience Protection Act of 2025

This section states congressional findings on the importance of federal conscience protections in health care (e.g., Church Amendments at 42 U.S.C. 300a–7(b)-(e), Coats-Snowe Amendment at 42 U.S.C. 238n, Weldon Amendment), inconsistent administrative enforcement by HHS's Office for Civil Rights, lack of private rights of action under certain statutes, and specific violations including California's abortion coverage mandate affecting 28,000 individuals and the University of Vermont Medical Center's scheduling of 10 objecting nurses for 20 abortion procedures. (Thus, the findings highlight coercion of health care entities and individuals to violate religious or moral convictions or forgo federal funding, services, or accreditation.)

This section prohibits the federal government and any individual or entity receiving federal financial assistance—including state or local governments—from penalizing, retaliating against, or discriminating against a health care entity on the basis that the entity declines to (1) provide, perform, refer for, pay for, or otherwise participate in abortion; (2) provide or sponsor abortion coverage; or (3) facilitate or arrange for such activities. Health care entity is broadly defined to include physicians, nurses, hospitals, insurers, training programs, and other health-related organizations, programs, or plans (i.e., any receiving federal funds); rules of construction clarify that the prohibition does not restrict voluntary abortion participation, medical competency standards for those who elect to perform abortions, emergency stabilizing treatment requirements, or state insurance regulations except as specified.

This section establishes administrative enforcement mechanisms for federal conscience laws (i.e., statutes protecting health care providers, entities, and recipients from requirements to perform, provide, pay for, or refer for certain objectionable medical procedures or services, such as abortions or assisted suicide, based on religious beliefs or moral convictions). It authorizes the HHS Secretary to issue regulations under specified conscience protections (including the Church Amendments, Weldon Amendment, Helms Amendment, and relevant ACA and Social Security Act provisions); designates the HHS Office for Civil Rights to receive complaints, investigate violations, issue findings, and require corrective action; and directs the Secretary to enforce compliance by terminating federal financial assistance (in whole or in part) and referring violations to the Attorney General. This section further establishes a civil right of action for designated violations of those conscience laws. The Attorney General or any adversely affected individual or entity may seek relief without exhausting administrative remedies; potential defendants include individuals or entities that violate such laws.

This section includes a severability clause stating that if any provision of the Act or its amendments, or its application to any person, entity, government, or circumstance, is held unconstitutional, the remainder of the Act and its amendments, and their application to other persons, entities, governments, or circumstances, remain in effect.