US Federal House Bill HB62

US Federal 2023-2024 Regular Session

• Introduced: 1/9/23
• Refer: 1/9/23

Caption

Safeguard Healthcare Industry Employees from Litigation and Distress Act or the SHIELD Act This bill establishes a framework to limit interference with persons seeking to provide or access reproductive health services at the state level. For the purposes of this summary, interference with persons seeking to provide or access reproductive health services includes acts to prevent, restrict, impede, or retaliate against a health care provider who provides reproductive health care services, any person or entity who helps health care providers to provide such services, any person who seeks to access such services, or any person or entity who helps another person to access such services. First, the bill reduces the allocation of funds under certain law enforcement grant programs for a state that has in effect a law authorizing state or local officers or employees to interfere with persons seeking to provide or access reproductive health services. Second, the bill prohibits interference with persons seeking to provide or access reproductive health care services by state or local officers or employees acting under color of law in any manner that would have a discriminatory effect on a woman, and by persons who are not state or local officers or employees and are attempting to implement or enforce a state law in circumstances affecting interstate commerce. The bill authorizes civil remedies for a violation, including damages and injunctive relief. Additionally, it authorizes criminal penalties for a violation involving the use of a deadly or dangerous weapon or the infliction of bodily injury.

Impact

If enacted, the SHIELD Act would create a systemic change in how reproductive health services are handled by state authorities. It seeks to reduce state interference by imposing financial consequences on states that authorize such actions by their officers or employees. Specifically, it outlines a funding reduction of 50% from certain law enforcement grant programs if state laws allow for discrimination against individuals accessing reproductive health care. This provision aims to encourage states to uphold the rights of individuals seeking these services and discourage practices that could undermine their access.

Summary

House Bill 62, also known as the SHIELD Act, aims to safeguard healthcare providers and individuals seeking reproductive health services from discrimination and interference at the state level. The bill establishes a clear framework that limits actions by state officers or local government employees who may attempt to impede or retaliate against those providing or accessing reproductive health services. It emphasizes the need for protective measures against any discriminatory practices that could affect women seeking these services.

Contention

One point of contention surrounding HB 62 is its potential implications for existing state laws regarding reproductive health. Critics may argue that the bill infringes upon states' rights to regulate health care and could complicate local enforcement of related laws. Supporters, however, view the bill as a necessary step to ensure equitable access to reproductive health services, arguing that preemptive measures against discrimination are essential given the current political and social climate around reproductive rights.

Enforcement

The act also introduces significant enforcement mechanisms, allowing private individuals to pursue civil action against any entity that violates the provisions set forth in the law. This includes claims for damages, injunctive relief, and attorney’s fees, which may serve as a strong deterrent against discriminatory practices by individuals or state actors alike. The continuation of enforcement through civil remedies reflects a commitment to uphold reproductive rights even in challenging legal landscapes.