S. 4879 — Let Doctors Provide Reproductive Health Care Act

This section defines health care provider to include any entity, employee, or individual engaged in delivering reproductive health care services, including physicians, nurse-midwives, nurse practitioners, physician assistants, and pharmacists, even if unlicensed due to past, present, or potential abortion services. It defines reproductive health care services to include abortion, contraception, in vitro fertilization, and other related medical, procedural, counseling, or referral services provided in hospitals, clinics, offices, pharmacies, or via telehealth in a medically accurate manner that affects interstate commerce. It defines State to include the 50 states, the District of Columbia, Puerto Rico, all U.S. territories and possessions, and their subdivisions.

This section prohibits any individual, entity, or state from preventing, restricting, or disadvantaging health care providers from providing or assisting with reproductive health care services lawful in the state where provided, including services for out-of-state patients. It authorizes civil enforcement actions by the Attorney General and by adversely affected individuals, entities, and providers; waives state sovereign immunity; directs federal district courts to exercise jurisdiction without regard to exhaustion of remedies; and requires courts to award injunctive relief, costs, and attorney fees to prevailing plaintiffs.

This section prohibits states from using federal funds, including through grants, contracts, or cooperative agreements, to pursue legal cases or any enforcement, disciplinary, or adverse licensing actions against residents, individuals, or entities for providing or assisting with reproductive health care services that are lawful in the state where the services are provided.

This section appropriates $40,000,000 to the Attorney General to award grants to eligible entities for providing legal assistance, representation, education, and compliance monitoring to health care providers that offer or refer for abortion care services and face related legal issues under federal, state, or local law.

This section provides $40,000,000 to the Secretary of Health and Human Services for grants to providers of abortion care services to enhance security for staff and patients. Grant funds may support physical facility upgrades, staff security training, defenses against cyberattacks, patient and provider data security, protective services, or other activities determined by the Secretary.

This section prohibits issuers of professional liability coverage for health care providers from denying coverage to a provider or suing a provider solely because the provider offers, supports, provides, or prescribes lawful reproductive health care services.

This section provides that if any provision of the Act is held unconstitutional, the remainder of the Act and its application to other persons, entities, governments, or circumstances remains in effect.