Freedom to Travel for Health Care Act of 2026

Protection for Traveling Patients: Under Section 3(a)(1), it is unlawful for any person or government to restrict, sanction, hold liable, or discriminate against individuals traveling to another state to receive legal reproductive health care. This ensures that patients can seek medical services without fear of punishment.

Safeguards for People Providing Assistance: According to Section 3(a)(2), individuals, entities, and organizations are protected from being restricted, sanctioned, or held liable for helping someone travel to another state to receive or provide legal reproductive health care. This benefits family members, friends, and support networks who help patients travel.

Protection for Out-of-State Health Care Providers: Section 3(a)(4) stops governments from penalizing health care providers for offering legal reproductive health services to patients who do not live in that state, provided the care is legal for local residents. This helps ensure that out-of-state patients can access medical care.

Legal Remedies and Cost Recovery: Under Section 3(c)(2) and Section 3(c)(5), any person or entity adversely affected by a violation can file a civil action in court, and prevailing plaintiffs are awarded litigation costs and reasonable attorney's fees without being liable for the defendant's costs. This gives everyday people a practical way to fight back against unlawful restrictions.

Preemption of State Laws: According to Section 3(b), any state law that is inconsistent with the bill's provisions is preempted and has no legal effect. This means that certain state or local laws restricting travel for reproductive care will be completely wiped out, which may impose burdens on states and local governments that wish to enforce their own local rules.

Abrogation of State Immunity: Under Section 3(c)(7), states and government officials lose their traditional protections, such as the Tenth Amendment, Eleventh Amendment, sovereign immunity, and qualified immunity, when facing challenges under this Act. This strips government entities and officials of legal defenses they normally rely on when sued in court.