Untitled section

Title II of the Public Health Service Act (42 U.S.C. 202 et seq.) is amended by inserting after section 245 (42 U.S.C. 238n) the following: 245A. Civil action for certain violations (a) In general A qualified party may, in a civil action, obtain appropriate relief with regard to a designated violation. (b) Definitions For purposes of this section: (1) Designated violation The term designated violation means an actual or threatened violation of— (A) section 507(d) of division D of the Further Consolidated Appropriations Act, 2024 (or any subsequent substantially similar provision); or (B) any funding condition imposed by the Federal Government pursuant to such section 507(d) (or such substantially similar provision). (2) Qualified party The term qualified party means— (A) the Attorney General of the United States; (B) any attorney general of a State; or (C) any person or entity adversely affected by the designated violation without regard to whether such person or entity is a health care provider. (3) State governmental entity The term State governmental entity means a State, a local government within a State, and any agency or other governmental unit or subdivision of a State, or of such a local government. (c) Administrative remedies not required An action under this section may be commenced, and relief may be granted, without regard to whether the party commencing the action has sought or exhausted any available administrative remedies. (d) Defendants An action under this section may be maintained against a Federal agency committing a designated violation described in subsection (b)(1)(A) or any recipient or subrecipient of Federal assistance committing a designated violation described in subsection (b)(1)(B), including a State governmental entity. (e) Nature of relief In an action under this section, the court shall grant— (1) all appropriate relief, including injunctive relief, declaratory relief, and compensatory damages, to prevent the occurrence, continuance, or repetition of the designated violation and to compensate for losses resulting from the designated violation; and (2) to a prevailing plaintiff, reasonable attorneys’ fees and litigation costs. Relief in an action under this section may include money damages even if the defendant is a governmental entity. (f) Abrogation of State Immunity No State or governmental official that commits a designated violation shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action under subsection (a)..