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42 U.S.C. § 18113 — Prohibition against discrimination on assisted suicide

submitted 16 years ago by Pub. L. 111-148 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 277 words · no verdicts yet

in plain englishAI-generated · not legal advice

The government can't punish a health provider for refusing to help end a patient's life. This covers assisted suicide, euthanasia, and mercy killing. It doesn't affect rules on withdrawing treatment, nutrition, abortion, or pain relief not meant to cause death.

(a) In general — The federal government, and any State, local government, or health care provider that gets federal financial assistance under this Act (or under a health plan created under this Act), can't discriminate against an individual or institutional health care entity because that entity doesn't provide any health care item or service meant to cause, or help cause, someone's death — such as through assisted suicide, euthanasia, or mercy killing.
(b) Definition — "Health care entity" here includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan.
(c) Construction and treatment of certain services — Nothing in subsection (a) applies to, or affects, any limitation on: (1) withholding or withdrawing medical treatment or medical care; (2) withholding or withdrawing nutrition or hydration; (3) abortion; or (4) using an item, good, benefit, or service to relieve pain or discomfort — even if that use raises the risk of death — as long as it isn't also given for the purpose of causing, or helping cause, death, for any reason.
(d) Administration — The Office for Civil Rights of the Department of Health and Human Services handles complaints of discrimination under this section.

the actual law source: uscode.house.gov ↗public domain
(a) In general

The Federal Government, and any State or local government or health care provider that receives Federal financial assistance under this Act (or under an amendment made by this Act) or any health plan created under this Act (or under an amendment made by this Act), may not subject an individual or institutional health care entity to discrimination on the basis that the entity does not provide any health care item or service furnished for the purpose of causing, or for the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.

(b) Definition

In this section, the term “health care entity” includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan.

(c) Construction and treatment of certain services

Nothing in subsection (a) shall be construed to apply to, or to affect, any limitation relating to—

(1)

the withholding or withdrawing of medical treatment or medical care;

(2)

the withholding or withdrawing of nutrition or hydration;

(3)

abortion; or

(4)

the use of an item, good, benefit, or service furnished for the purpose of alleviating pain or discomfort, even if such use may increase the risk of death, so long as such item, good, benefit, or service is not also furnished for the purpose of causing, or the purpose of assisting in causing, death, for any reason.

(d) Administration

The Office for Civil Rights of the Department of Health and Human Services is designated to receive complaints of discrimination based on this section.

Source credit: (Pub. L. 111–148, title I, § 1553, Mar. 23, 2010, 124 Stat. 259.)

history & why it existsrecord from the source credit
  • 2010Enacted · Pub. L. 111-148 · 124 Stat. 259

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-148 on 2010-03-23.

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