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II
117TH CONGRESS
1ST SESSION
S. 95
To amend title XIX of the Social Security Act to allow for greater State
flexibility with respect to excluding providers who are involved in abortions.
IN THE SENATE OF THE UNITED STATES
JANUARY 28, 2021
Mr. LANKFORD (for himself, Mr. INHOFE, Mr. RISCH, Mr. BARRASSO, Mr.
MORAN, Mr. THUNE, Mr. CORNYN, Mr. CRUZ, Mr. TILLIS, Mr. BOOZ-
MAN, Ms. LUMMIS, Mr. ROUNDS, Mr. RUBIO, Mr. COTTON, Ms. ERNST,
Mr. SCOTT of South Carolina, Mr. MARSHALL, Mr. CRAMER, Mr.
DAINES, Mr. BRAUN, Mr. SCOTT of Florida, Mrs. HYDE-SMITH, and Mr.
HAWLEY) introduced the following bill; which was read twice and referred
to the Committee on Finance
A BILL
To amend title XIX of the Social Security Act to allow
for greater State flexibility with respect to excluding
providers who are involved in abortions.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Women’s Public
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Health and Safety Act’’.
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SEC. 2. INCREASING STATE FLEXIBILITY IN DETERMINING
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PARTICIPATION OF PROVIDERS WHO PER-
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FORM, OR PARTICIPATE IN THE PERFORM-
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ANCE OF, ABORTIONS.
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Section 1902 of the Social Security Act (42 U.S.C.
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1396a) is amended—
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(1) in subsection (a)(23), by striking ‘‘sub-
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section (g)’’ and inserting ‘‘subsections (g) and
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(tt),’’; and
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(2) by adding at the end the following new sub-
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section:
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‘‘(tt) RULES WITH RESPECT TO DETERMINATION OF
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PARTICIPATION OF PROVIDERS WHO PERFORM, OR PAR-
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TICIPATE IN THE PERFORMANCE OF, ABORTIONS.—
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‘‘(1) IN GENERAL.—Subject to paragraph (2),
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for purposes of this title, a State, at its option, may
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establish criteria with respect to the participation
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under the State plan (or a waiver of such plan) of
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an institution, an agency, an entity, or a person who
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performs, or participates in the performance of,
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abortions.
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‘‘(2) EXCEPTION.—Paragraph (1) shall not
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apply to an abortion—
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‘‘(A) if the pregnancy is the result of an
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act of rape or incest; or
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‘‘(B) in the case where a woman suffers
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from a physical disorder, physical injury, or
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physical illness that would, as certified by a
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physician, place the woman in danger of death
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unless an abortion is performed, including a
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life-endangering physical condition caused by or
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arising from the pregnancy itself.
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‘‘(3) DEFINITIONS.—For purposes of this sub-
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section, the terms ‘institution’, ‘agency’, or ‘entity’
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mean the entire legal institution, agency, or entity,
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or any part thereof, including any institution, agen-
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cy, or entity that controls, is controlled by, or is
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under common control with such institution, agency,
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or entity.’’.
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Æ
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