What This Bill Does
This bill changes the rules for Medicaid (a government health insurance program for low-income people) to give states more power to decide whether to include doctors and health facilities that perform abortions. The bill allows states to set their own rules about which abortion providers can participate in their Medicaid programs.
Who It Affects
States that run Medicaid programs, doctors and health facilities that perform abortions, institutions and agencies that control or are controlled by abortion providers, and people who receive Medicaid benefits.
Key Provisions
• States can now create their own rules about whether abortion providers can participate in their Medicaid programs (Sec. 2(1)).
• States cannot exclude abortion providers if the abortion is necessary because the pregnancy resulted from rape or incest (Sec. 2(2)(A)).
• States cannot exclude abortion providers if the abortion is necessary to prevent a woman's death or serious physical harm from a life-threatening condition, as certified by a doctor (Sec. 2(2)(B)).
• The rules apply to entire organizations and any parts of those organizations, including any organizations they control or are controlled by (Sec. 2(3)).
What Changes
If this bill becomes law, states will gain the option to exclude doctors and health facilities involved in abortions from their Medicaid programs, except in cases of rape, incest or life-threatening medical situations.
Important Definitions
"Institution," "agency," or "entity" means the entire legal organization or any part of it, including any organization that controls it, is controlled by it, or shares common control with it (Sec. 2(3)).
I
118TH CONGRESS
1ST SESSION H. R. 1074
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 HOUSE OF REPRESENTATIVES
FEBRUARY 17, 2023
Mr. CLOUD (for himself, Mr. OGLES, Mr. ADERHOLT, Mr. GOOD of Virginia,
Mrs. BOEBERT, Mr. MAST, Mr. JACKSON of Texas, Mr. SMITH of New
Jersey, Mr. BAIRD, Mr. FULCHER, Mrs. MILLER of Illinois, Mrs.
HINSON, Mr. WALTZ, Mr. BISHOP of North Carolina, Mr. ALLEN, Mr.
MOOLENAAR, Mr. CLYDE, Mr. BIGGS, Mr. JOHNSON of Louisiana, and
Mrs. HARSHBARGER) introduced the following bill; which was referred to
the Committee on Energy and Commerce
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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•HR 1074 IH
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 ‘‘subsection (g), sub-
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section (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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•HR 1074 IH
‘‘(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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