What This Bill Does
This bill would change rules for the Medicaid program (a health insurance program for low-income people managed jointly by states and the federal government). It would let individual states decide whether to exclude healthcare providers who perform abortions from their Medicaid program. The bill would apply to institutions, agencies, entities or people who perform abortions or help perform them.
Who It Affects
States that run Medicaid programs. Healthcare providers and institutions that perform abortions or participate in abortion procedures. Medicaid patients in states that choose to exclude these providers.
Key Provisions
* States can create their own rules about whether healthcare providers who perform abortions can participate in their Medicaid program (Sec. 2, subsection uu(1)).
* States cannot exclude providers based on abortion performance if the abortion was for a pregnancy caused by rape or incest (Sec. 2, subsection uu(2)(A)).
* States cannot exclude providers based on abortion performance if the abortion was necessary to prevent the pregnant woman's death or serious physical harm, as certified by a physician (Sec. 2, subsection uu(2)(B)).
* The definition of "institution," "agency" or "entity" includes the entire organization and any part of it, plus any organization that controls it or is controlled by it (Sec. 2, subsection uu(3)).
What Changes
States would gain the power to exclude abortion providers from Medicaid, with limited exceptions for cases involving rape, incest or danger to the pregnant woman's life or health.
Important Definitions
Institution, agency or entity means the entire legal organization, any part of it, and any organization that controls it or is controlled by it.
II
118TH CONGRESS
1ST SESSION
S. 471
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
FEBRUARY 16, 2023
Mr. LANKFORD (for himself, Mr. HAWLEY, Mr. CRUZ, Mr. RISCH, Mr.
BRAUN, Mr. DAINES, Mr. SCOTT of Florida, Mrs. HYDE-SMITH, Mr.
THUNE, Mr. MULLIN, Mr. MARSHALL, and Mr. TILLIS) introduced the
following bill; which was read twice and referred to the Committee on Fi-
nance
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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•S 471 IS
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), as amended by section 5131 of the Health Ex-
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tenders, Improving Access to Medicare, Medicaid, and
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CHIP, and Strengthening Public Health Act of 2022, is
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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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(uu),’’; and
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(2) by adding at the end the following new sub-
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section:
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‘‘(uu) RULES WITH RESPECT TO DETERMINATION
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OF PARTICIPATION OF PROVIDERS WHO PERFORM, OR
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PARTICIPATE 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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•S 471 IS
‘‘(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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