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116TH CONGRESS
1ST SESSION
H. R. 888
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
JANUARY 30, 2019
Mr. DUFFY (for himself, Mr. MOONEY of West Virginia, Mr. MULLIN, Mr.
WEBER of Texas, Mr. ALLEN, Mr. DAVID P. ROE of Tennessee, Mr.
GROTHMAN, Mr. GAETZ, Mr. NORMAN, Mr. LAMBORN, Mr. BANKS, Mr.
FULCHER, Mr. SMITH of New Jersey, Mr. GIANFORTE, and Mr. SPANO)
introduced the following bill; which was referred to the Committee on En-
ergy 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 888 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 (qq),’’; and
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(2) by adding at the end the following new sub-
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section:
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‘‘(qq) 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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‘‘(A) if the pregnancy is the result of an
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act of rape or incest; or
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•HR 888 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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