Taxpayer Conscience Protection Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 343 To require States to report information on Medicaid payments to abortion providers. IN THE HOUSE OF REPRESENTATIVES JANUARY 19, 2021 Mr. BANKS (for himself, Mr. MOONEY, Mr. WESTERMAN, Mr. GROTHMAN, Mr. LAMBORN, Mr. BUDD, Mr. ALLEN, and Mr. NORMAN) introduced the following bill; which was referred to the Committee on Energy and Com- merce A BILL To require States to report information on Medicaid payments to abortion providers. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Taxpayer Conscience 4 Protection Act of 2021’’. 5 SEC. 2. REQUIRED REPORTING OF MEDICAID PAYMENTS 6 TO ABORTION PROVIDERS. 7 (a) IN GENERAL.—Not later than 60 days after the 8 end of the first fiscal year ending after the date of the 9 VerDate Sep 11 2014 00:20 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H343.IH H343 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 343 IH enactment of this Act and each fiscal year thereafter, each 1 State that makes a Medicaid payment from Federal funds 2 during the fiscal year for any items or services furnished 3 by an abortion provider shall— 4 (1) submit to the Secretary a report on all such 5 payments; and 6 (2) publish the report on a public internet 7 website of the State. 8 (b) REPORT DESCRIBED.—The report under sub- 9 section (a) shall, with respect to a State that makes a 10 Medicaid payment from Federal funds during the fiscal 11 year for any items or services furnished by an abortion 12 provider, include the following: 13 (1) With respect to each such payment, each of 14 the following: 15 (A) A specification of the amount of the 16 payment. 17 (B) A specification of the purposes for 18 which the payment was made. 19 (C) A comparison of the amount of the 20 payment with the amount of any such payment 21 to the provider involved in any prior fiscal year. 22 (2) A specification of the number of abortions 23 performed during the fiscal year by the provider in- 24 VerDate Sep 11 2014 00:20 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H343.IH H343 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 343 IH volved and the gestational age with respect to each 1 such abortion. 2 (c) REPORT TO CONGRESS.—Not later than 90 days 3 after the end of each fiscal year described in subsection 4 (a), the Secretary shall submit to the Committee on En- 5 ergy and Commerce of the House of Representatives and 6 to the Committee on Finance of the Senate, and publish 7 on a public internet website of the Department of Health 8 and Human Services, a report that— 9 (1) contains the reports submitted pursuant to 10 subsection (a) for the fiscal year; and 11 (2) includes a summary of the reports. 12 (d) DEFINITIONS.—In this section: 13 (1) ABORTION PROVIDER.—The term ‘‘abortion 14 provider’’ means an entity that— 15 (A) performs (or refers an individual for) 16 an abortion; or 17 (B) controls, is controlled by, or is under 18 common control with, an entity described in 19 subparagraph (A). 20 (2) MEDICAID PAYMENT FROM FEDERAL 21 FUNDS.—The term ‘‘Medicaid payment from Fed- 22 eral funds’’ means a payment for which there is 23 Federal financial participation under title XIX of 24 the Social Security Act. 25 VerDate Sep 11 2014 00:20 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H343.IH H343 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 343 IH (3) SECRETARY.—The term ‘‘Secretary’’ means 1 the Secretary of Health and Human Services. 2 (4) STATE.—The term ‘‘State’’ has the mean- 3 ing given the term for purposes of title XIX of the 4 Social Security Act. 5 (e) CONFORMING AMENDMENTS TO SOCIAL SECU- 6 RITY ACT.—Section 1902(a) of the Social Security Act 7 (42 U.S.C. 1396a(a)) is amended— 8 (1) by striking ‘‘and’’ at the end of paragraph 9 (85); 10 (2) by striking the period at the end of para- 11 graph (86) and inserting ‘‘; and’’; and 12 (3) by inserting after paragraph (86) the fol- 13 lowing: 14 ‘‘(87) provide for the submission of reports in 15 accordance with section 2 of the Taxpayer Con- 16 science Protection Act of 2021.’’. 17 Æ VerDate Sep 11 2014 00:20 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H343.IH H343 kjohnson on DSK79L0C42PROD with BILLS