HOPE Act

I 118TH CONGRESS 1ST SESSION H. R. 1126 To make improvements in prenatal and maternal care, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 21, 2023 Mrs. FISCHBACH introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To make improvements in prenatal and maternal care, and for other purposes. 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 ‘‘Health, Opportunity, 4 Protecting life, Education Act’’ or the ‘‘HOPE Act’’. 5 SEC. 2. TABLE OF CONTENTS. 6 The table of contents for this Act is as follows: 7 Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—ALTERNATIVES TO ABORTION Sec. 101. Improving access to prenatal telehealth care. Sec. 102. Positive alternatives for women. Sec. 103. Educated decisions on maternal health. Sec. 104. Life.Gov: awareness for expecting mothers. VerDate Sep 11 2014 23:42 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H1126.IH H1126 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 1126 IH Sec. 105. Parental notification. Sec. 106. Moratorium on Federal funding to Planned Parenthood Federation of America, Inc. Sec. 107. Funding. TITLE II—GENERAL PROVISIONS Sec. 201. Rule of construction. TITLE I—ALTERNATIVES TO 1 ABORTION 2 SEC. 101. IMPROVING ACCESS TO PRENATAL TELEHEALTH 3 CARE. 4 (a) IN GENERAL.—The Secretary of Health and 5 Human Services shall award grants or cooperative agree- 6 ments to eligible entities to purchase equipment necessary 7 for carrying out at-home telehealth visits for screening, 8 monitoring, and management of prenatal and postnatal 9 care for the purpose of improving maternal and infant 10 health outcomes, and reducing maternal mortality, by im- 11 proving access to care in rural areas, frontier counties, 12 medically underserved areas, or jurisdictions of Indian 13 Tribes and Tribal organizations. 14 (b) USE OF FUNDS.—A recipient of a grant under 15 this section shall use the grant as described in subsection 16 (a), which may include purchasing or providing equipment 17 necessary for carrying out at-home telehealth visits (such 18 as remote physiologic devices and related services, includ- 19 ing pulse oximeters, blood pressure cuffs, scales, and blood 20 glucose monitors) to screen, monitor, and manage prenatal 21 VerDate Sep 11 2014 23:42 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1126.IH H1126 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 1126 IH and postnatal care at home by means of telehealth visits 1 and services for the purpose described in subsection (a). 2 (c) REPORT TO CONGRESS.—Not later than Sep- 3 tember 30, 2028, the Secretary shall submit to the Con- 4 gress a report on activities supported through grants 5 under this section, including— 6 (1) a description of the activities conducted 7 pursuant to such grants; and 8 (2) an analysis of the effects of such grants on 9 improving prenatal and postnatal care in areas and 10 jurisdictions described in subsection (a). 11 (d) DEFINITIONS.—In this section: 12 (1) The term ‘‘eligible entity’’ means an entity 13 providing prenatal care, labor care, birthing, and 14 postpartum care services in a rural area, a frontier 15 county, a medically underserved area, or the juris- 16 diction of an Indian Tribe or Tribal organization. 17 (2) The term ‘‘frontier county’’ has the mean- 18 ing given such term in section 19 1886(d)(3)(E)(iii)(III) of the Social Security Act 20 (42 U.S.C. 1395ww(d)(3)(E)(iii)(III)). 21 (3) The terms ‘‘Indian Tribe’’ and ‘‘Tribal or- 22 ganization’’ have the meanings given to such terms 23 in section 4 of the Indian Self-Determination and 24 Education Assistance Act (25 U.S.C. 5304). 25 VerDate Sep 11 2014 23:42 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1126.IH H1126 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 1126 IH (4) The term ‘‘medically underserved area’’ 1 means a health professional shortage area des- 2 ignated under section 332 of the Public Health Serv- 3 ice Act (42 U.S.C. 254e). 4 (5) The term ‘‘rural area’’ has the meaning 5 given to such term in section 330J(e) of the Public 6 Health Service Act (42 U.S.C. 254c–15(e)). 7 (6) The term ‘‘Secretary’’ means the Secretary 8 of Health and Human Services. 9 (e) AUTHORIZATION OF APPROPRIATIONS.—To carry 10 out this section, there are authorized to be appropriated 11 such sums as may be necessary for fiscal years 2024 12 through 2029. 13 SEC. 102. POSITIVE ALTERNATIVES FOR WOMEN. 14 (a) PROGRAM AUTHORITY.— 15 (1) PURPOSE.—The purpose of grants under 16 this section shall be to support, encourage, and as- 17 sist women— 18 (A) to carry their pregnancies to term; and 19 (B) to care for their babies after birth. 20 (2) GRANTS.—For the purpose described in 21 paragraph (1), the Secretary shall award grants to 22 eligible entities described in subsection (b) to provide 23 information on, referral to, and direct services as de- 24 scribed in subsection (c). 25 VerDate Sep 11 2014 23:42 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1126.IH H1126 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 1126 IH (b) ELIGIBILITY.— 1 (1) ELIGIBLE ENTITIES.—To be eligible for a 2 grant under this section, an entity shall— 3 (A) be a nonprofit organization; 4 (B) support, encourage, and assist women 5 as described in subsection (a)(1); 6 (C) agree to be subject to such monitoring 7 and review as the Secretary may require under 8 subsection (g); 9 (D) agree to not charge women for services 10 provided through the grant; 11 (E) provide each pregnant woman coun- 12 seled through the grant with accurate informa- 13 tion on the developmental characteristics of ba- 14 bies and of unborn children, including offering 15 printed information; and 16 (F) have a privacy policy and procedures 17 in place to ensure that— 18 (i) the name, address, telephone num- 19 ber, or any other information that might 20 identify any woman seeking services sup- 21 ported through the grant is not made pub- 22 lic or shared with any other entity without 23 the written consent of the woman; and 24 VerDate Sep 11 2014 23:42 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1126.IH H1126 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 1126 IH (ii) the grantee adheres to require- 1 ments comparable to those applicable 2 under the HIPAA privacy regulation (as 3 defined in section 1180(b)(3) of the Social 4 Security Act (42 U.S.C. 1320d–9)) to cov- 5 ered entities (as defined for purposes of 6 such regulation). 7 (2) INELIGIBLE ENTITIES.—An entity shall be 8 ineligible to receive a grant under this section if the 9 entity or any affiliate, subsidiary, successor, or clinic 10 thereof— 11 (A) performs, induces, refers for, or coun- 12 sels in favor of abortions; or 13 (B) provides financial support to any other 14 entity that conducts any activity described in 15 subparagraph (A). 16 (3) FINANCIAL RECORDS.—As a condition on 17 receipt of a grant under this section, an eligible enti- 18 ty shall agree to maintain and make available to the 19 Secretary records, including financial records, that 20 demonstrate that the entity satisfies the require- 21 ments of paragraph (1) and is not ineligible by oper- 22 ation of paragraph (2). 23 (c) COVERED SERVICES.— 24 VerDate Sep 11 2014 23:42 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1126.IH H1126 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 1126 IH (1) REQUIRED INFORMATION AND REFER- 1 RAL.—For the purpose described in subsection 2 (a)(1), an eligible entity receiving a grant under this 3 section shall use the grant to provide information 4 on, and referral to, each of the following services: 5 (A) Medical care. 6 (B) Nutritional services. 7 (C) Housing assistance. 8 (D) Adoption services. 9 (E) Education and employment assistance, 10 including services that support the continuation 11 and completion of high school. 12 (F) Child care assistance. 13 (G) Parenting education and support serv- 14 ices. 15 (H) Voluntary substance abuse counseling 16 and treatment. 17 (2) PERMISSIBLE DIRECT PROVISION OF SERV- 18 ICES.—For the purpose described in subsection 19 (a)(1), in addition to using a grant under this sec- 20 tion as described in paragraph (1), an eligible entity 21 receiving a grant under this section may use the 22 grant for the direct provision of one or more services 23 listed in paragraph (1). 24 VerDate Sep 11 2014 23:42 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1126.IH H1126 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 1126 IH (d) PROHIBITED USES OF FUNDS.—None of the 1 funds made available under this section shall be used— 2 (1) for health benefits coverage that includes 3 coverage of abortion; 4 (2) for providing or assisting a woman to obtain 5 adoption services from a provider of adoption serv- 6 ices that is not licensed; and 7 (3) for any of the activities described in sub- 8 section (b)(2). 9 (e) APPROVAL OF INFORMATION AS MEDICALLY AC- 10 CURATE.—As a condition on the receipt of a grant under 11 this section, an eligible entity shall refrain from providing 12 any information pursuant to the grant on the health risks 13 associated with abortions other than information that has 14 been approved by the Secretary as medically accurate. 15 (f) CONSIDERATION.—In selecting the recipients of 16 grants under this section, the Secretary shall consider 17 each applicant’s demonstrated capacity in providing serv- 18 ices to assist a pregnant woman in carrying her pregnancy 19 to term. 20 (g) MONITORING AND REVIEW.—The Secretary 21 shall— 22 (1) monitor and review each program funded 23 through a grant under this section to ensure that 24 the grantee carefully adheres to— 25 VerDate Sep 11 2014 23:42 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1126.IH H1126 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 1126 IH (A) the purpose described in subsection 1 (a)(1); and 2 (B) the requirements of this section; and 3 (2) cease to fund a program under this section 4 if the grantee fails to adhere to such purpose and re- 5 quirements. 6 (h) DEFINITIONS.—In this section: 7 (1) ABORTION.—The term ‘‘abortion’’ means 8 the use or prescription of any instrument, medicine, 9 drug, or any other substance or device to inten- 10 tionally— 11 (A) kill the unborn child of a woman 12 known to be pregnant; or 13 (B) terminate the pregnancy of a woman 14 known to be pregnant, with an intention other 15 than— 16 (i) after viability, to produce a live 17 birth and preserve the life and health of 18 the child born alive; 19 (ii) to remove a dead unborn child; or 20 (iii) to treat an ectopic pregnancy. 21 (2) SECRETARY.—The term ‘‘Secretary’’ means 22 the Secretary of Health and Human Services. 23 (i) AUTHORIZATION OF APPROPRIATIONS.—To carry 24 out this section, there are authorized to be appropriated 25 VerDate Sep 11 2014 23:42 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1126.IH H1126 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 1126 IH such sums as may be necessary for fiscal years 2024 1 through 2029. 2 SEC. 103. EDUCATED DECISIONS ON MATERNAL HEALTH. 3 (a) IN GENERAL.— 4 (1) REQUIREMENT OF COMPLIANCE BY PRO- 5 VIDERS.—Any abortion provider, acting in or affect- 6 ing interstate or foreign commerce, who knowingly 7 performs, or attempts to perform, any abortion shall 8 comply with the requirements of this section. 9 (2) REVIEW OF MEDICAL RISKS AND UNBORN 10 HEALTH STATUS.—An abortion provider who intends 11 to perform, or attempt to perform, an abortion may 12 not perform any part of the abortion procedure with- 13 out first obtaining a signed Informed Consent Au- 14 thorization form in accordance with this subsection. 15 (3) INFORMED CONSENT AUTHORIZATION 16 FORM.— 17 (A) IN GENERAL.—The Informed Consent 18 Authorization form required under this sub- 19 section shall— 20 (i) be presented in person by the abor- 21 tion provider 24 hours prior to performing, 22 or attempting to perform, the abortion to 23 the woman seeking the abortion; and 24 (ii) consist of— 25 VerDate Sep 11 2014 23:42 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1126.IH H1126 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 1126 IH (I) a statement, in easily under- 1 standable common language, by the 2 abortion provider indicating— 3 (aa) the probable gestational 4 age, in completed days, of the 5 child; 6 (bb) all medical risks associ- 7 ated with the specific abortion 8 procedure; and 9 (cc) the major developmental 10 characteristics of unborn children 11 at such gestational age, including 12 the presence of a heartbeat, the 13 ability to react to painful stimuli, 14 and the development of organs, 15 fingers, and facial features; 16 (II) a statement, in easily under- 17 standable common language, that the 18 requirements of this subsection are 19 binding upon the abortion provider 20 and all other medical personnel, that 21 such abortion providers and medical 22 personnel are subject to criminal and 23 civil penalties for violations of these 24 requirements, and that a woman on 25 VerDate Sep 11 2014 23:42 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1126.IH H1126 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 1126 IH whom an abortion has been performed 1 may take civil action if these require- 2 ments are not followed; and 3 (III) an affirmation that each in- 4 dividual signing the Informed Consent 5 Authorization form has filled out the 6 form to the best of his or her knowl- 7 edge and understands the information 8 contained in the form. 9 (B) SIGNATORIES REQUIRED.—The In- 10 formed Consent Authorization form required 11 under this subsection shall be signed in person 12 by the woman seeking the abortion, the abor- 13 tion provider performing or attempting to per- 14 form the abortion, and a witness. 15 (C) RETENTION OF CONSENT FORM.—The 16 abortion provider performing or attempting to 17 perform an abortion shall retain the signed In- 18 formed Consent Authorization form required 19 under this subsection in the patient’s medical 20 file. 21 (D) REQUIREMENT FOR DATA RETEN- 22 TION.—Paragraph (j)(2) of section 164.530 of 23 title 45, Code of Federal Regulations, shall 24 apply to the Informed Consent Authorization 25 VerDate Sep 11 2014 23:42 Mar 14, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1126.IH H1126 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •HR 1126 IH form required to be placed in a patient’s med- 1 ical file pursuant to subparagraph (C) in the 2 same manner [Text truncated for display. 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