What This Bill Does
This bill creates a new position called an Ombuds for Reproductive and Sexual Health within the Department of Health and Human Services. The Ombuds will educate the public about reproductive and sexual health services, analyze how well people can access these services, and address misinformation.
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Who It Affects
- The Department of Health and Human Services
- The Secretary of Health and Human Services
- The public seeking information about reproductive and sexual health services
- Healthcare providers receiving federal funds
- Health insurance companies and health plan administrators
- The Federal Trade Commission
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Key Provisions
- The Ombuds must have expertise in sexual and reproductive health and demonstrated commitment to serving people who need abortion care, LGBTQ+ individuals, racial and ethnic minorities, people with disabilities, and people with low incomes. (Sec. 2(a)(2))
- The Ombuds reports directly to the Secretary of Health and Human Services and operates independently from other department employees working on reproductive and sexual health activities. (Sec. 2(a)(3) and 2(b))
- The Ombuds will educate the public with evidence-based, medically accurate materials about reproductive and sexual health services. (Sec. 2(d)(1))
- The Ombuds will work with the Secretary of Labor, Secretary of the Treasury, and state insurance officials to gather information about what reproductive and sexual health services are covered under different health plans and identify gaps in coverage. (Sec. 2(d)(3))
- The Ombuds will help people find healthcare providers funded by the federal government, abortion funds, and other clinics that provide reproductive and sexual health services. (Sec. 2(d)(4))
- The Ombuds will provide the public with evidence-based and medically accurate information about medication abortions conducted outside formal medical settings. (Sec. 2(d)(5))
- The Ombuds will collect information about and address reproductive and sexual health misinformation being spread to the public. (Sec. 2(d)(6))
- The Ombuds must follow all federal privacy laws when collecting, analyzing, or releasing any information or data. (Sec. 2(f))
- The Ombuds must submit a report to Congress by June 30, 2023 and every June 30 afterward evaluating efforts related to the Ombuds's duties. (Sec. 2(i))
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What Changes
A new office will be created within the Department of Health and Human Services. This office will have staff and resources to educate the public about reproductive and sexual health services, analyze access to these services, work with insurance officials to track coverage gaps, help people find providers and funding, address misinformation, and report annually to Congress.
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Important Definitions
- **Specified health care services**: Evidence-based, medically accurate medical, surgical, counseling, or referral services related to reproductive and sexual health, including services related to pregnancy and ending a pregnancy (Sec. 2(j)(3))
- **Reproductive and sexual health misinformation**: Any information about reproductive and sexual health that is not evidence-based or medically accurate, including incorrect information about providing services (Sec. 2(j)(2))
- **Health plans and programs**: Federal health care programs, health insurance offered in large group, small group, and individual markets, and self-insured group health plans (Sec. 2(j)(1))
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Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 445
To establish within the Department of Health and Human Services an
Ombuds for Reproductive and Sexual Health.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 20, 2023
Ms. WILLIAMS of Georgia (for herself, Ms. JACOBS, Ms. GARCIA of Texas, Ms.
ESCOBAR, and Ms. LEE of California) introduced the following bill; which
was referred to the Committee on Energy and Commerce
A BILL
To establish within the Department of Health and Human
Services an Ombuds for Reproductive and Sexual Health.
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 ‘‘HHS Reproductive and
4
Sexual Health Ombuds Act of 2023’’.
5
SEC.
2.
OMBUDS
FOR
REPRODUCTIVE
AND
SEXUAL
6
HEALTH.
7
(a) IN GENERAL.—
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(1) POSITION
ESTABLISHED.—There shall be
9
within the Department of Health and Human Serv-
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•HR 445 IH
ices (in this section referred to as the ‘‘Depart-
1
ment’’) an Ombuds for Reproductive and Sexual
2
Health
(in
this
section
referred
to
as
the
3
‘‘Ombuds’’).
4
(2) QUALIFICATIONS.—To be eligible to be ap-
5
pointed as the Ombuds, an individual shall, prior to
6
such appointment, have expertise in sexual and re-
7
productive health and demonstrated commitment to
8
the provision of specified health care services, includ-
9
ing abortion and the care of LGBTQ+ individuals,
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individuals belonging to a racial or ethnic minority,
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individuals with disabilities, and individuals of low
12
socio-economic status.
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(3) REPORTING
DIRECTLY
TO
SECRETARY.—
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The Ombuds shall report directly to the Secretary of
15
Health and Human Services (in this section referred
16
to as the ‘‘Secretary’’).
17
(b) ORGANIZATIONAL INDEPENDENCE.—The Sec-
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retary shall take appropriate action to ensure the inde-
19
pendence of the Ombuds’s office from other officers or em-
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ployees of the Department engaged in reproductive and
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sexual health activities.
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(c) STAFFING.—The Secretary shall take appropriate
23
action to ensure that the Ombuds’s office is sufficiently
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•HR 445 IH
staffed and resourced to carry out its duties effectively and
1
efficiently.
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(d) FUNCTIONS.—The functions of the Ombuds shall
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be as follows:
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(1) To educate the public on specified health
5
care services, including by making evidence-based,
6
medically accurate educational materials available to
7
the public.
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(2) To analyze data collected by the Depart-
9
ment of Health and Human Services about con-
10
sumer access to specified health care services.
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(3) In coordination with the Secretary of Labor,
12
the Secretary of the Treasury, and State insurance
13
commissioners (or their designees within the applica-
14
ble agency), to—
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(A) gather information about benefits for
16
specified health care services under health plans
17
and programs specified under subsection (j)(1);
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and
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(B) provide an analysis of any gaps in
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such coverage.
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(4) To disseminate information about how indi-
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viduals can connect with—
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•HR 445 IH
(A) health care providers receiving Federal
1
funds under title X of the Public Health Service
2
Act (42 U.S.C. 300 et seq.);
3
(B) abortion funds; and
4
(C) other clinics that provide specified
5
health care services.
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(5) To provide the public with evidence-based
7
and medically accurate information related to medi-
8
cation abortions conducted outside formal medical
9
settings.
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(6) To collect information regarding, and to ad-
11
dress, reproductive and sexual health misinformation
12
being disseminated to the public.
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(7) To coordinate with the Federal Trade Com-
14
mission to collect information about, and address
15
consumer protection and data privacy concerns on,
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the provision of any services relating to reproductive
17
and sexual health.
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(8) In coordination with entities receiving
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grants under section 1311(i) of the Patient Protec-
20
tion and Affordable Care Act (42 U.S.C. 18031(i))
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and other entities assisting individuals eligible to en-
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roll in qualified health plans (as defined in section
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1301(a) of such Act (42 U.S.C. 18021(a))) through
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an Exchange established pursuant to title I of such
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•HR 445 IH
Act, to promote awareness of the availability of such
1
plans and the benefits under such plans for specified
2
health care services.
3
(e) REQUEST FOR INVESTIGATIONS.—The Ombuds
4
may request the Inspector General of the Department to
5
conduct inspections, investigations, and audits related to
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any of the functions under subsection (d).
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(f) PROTECTION OF INFORMATION.—The Ombuds
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shall comply with all applicable Federal privacy laws (and
9
the regulations issued thereunder) in the collection, anal-
10
ysis, or release of any information or data, including in
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any reports issued under subsection (i).
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(g) COORDINATION WITH DEPARTMENT COMPO-
13
NENTS.—Not later than 60 days after a request from the
14
Ombuds to the Secretary for records of the Department
15
necessary to execute the functions of the Ombuds under
16
subsection (d), the Secretary shall establish procedures to
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provide the Ombuds access to all such records.
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(h) PUBLIC OUTREACH.—The Secretary shall take
19
all appropriate actions to advise and engage with the pub-
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lic regarding the existence, authorities, and duties of the
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Ombuds and the Ombuds’s office.
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(i) ANNUAL REPORTING.—Not later than June 30,
23
2023, and each June 30 thereafter, the Ombuds shall sub-
24
mit to the Congress a report that—
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•HR 445 IH
(1) evaluates the efforts of the Ombuds (or the
1
Secretary, as applicable) with respect to each of the
2
functions specified in subsection (d); and
3
(2) contains such other information as the Sec-
4
retary determines is appropriate.
5
(j) DEFINITIONS.—In this section:
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(1) The term ‘‘health plans and programs’’ re-
7
fers to any of the following:
8
(A) Each Federal health care program (as
9
defined in section 1128B of the Social Security
10
Act (42 U.S.C. 1320a–7b) but including the
11
program established under chapter 89 of title 5,
12
United States Code).
13
(B) Health insurance coverage offered in
14
the large group market (as such terms are de-
15
fined in section 2791 of the Public Health Serv-
16
ice Act (42 U.S.C. 300gg–91)).
17
(C) Health insurance coverage offered in
18
the small group market (as so defined).
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(D) Health insurance coverage offered in
20
the individual market (as so defined).
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(E) Self-insured group health plans.
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(2) The term ‘‘reproductive and sexual health
23
misinformation’’ includes any information relating to
24
reproductive and sexual health that is not evidence-
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•HR 445 IH
based or medically accurate, including inaccuracy in
1
the provision of any related services.
2
(3) The term ‘‘specified health care services’’
3
means evidence-based, medically accurate medical,
4
surgical, counseling, or referral services relating to
5
reproductive and sexual health, including services re-
6
lating to pregnancy and the termination of a preg-
7
nancy.
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(k) RULE OF CONSTRUCTION.—Nothing in this Act
9
shall be construed as authorizing the Ombuds to collect,
10
or as requiring other Federal, State, local, or private enti-
11
ties to provide to the Ombuds, individually identifiable in-
12
formation about individual patients, including protected
13
health information (as defined in section 160.103 of title
14
45, Code of Federal Regulations (or successor regula-
15
tions)) or individually identifiable health information (as
16
defined in such section (or successor regulations)).
17
Æ
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