What This Bill Does
This bill changes how states report abortion data to the Centers for Disease Control and Prevention (CDC). It requires states to submit specific abortion information to the CDC in order to receive certain federal Medicaid payments for family planning services.
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Who It Affects
- State governments (all states and the District of Columbia)
- The Centers for Disease Control and Prevention
- Individuals receiving Medicaid family planning services
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Key Provisions
- States must submit abortion data to the CDC using a standard form with mandatory questions about maternal age, gestational age (weeks of pregnancy), race, ethnicity, abortion method type, marital status, pregnancy history and whether the child survived the abortion procedure in order to receive Medicaid payment for family planning services (Sec. 3)
- States that submit data late (by December 31 of the same year instead of the previous year) may still receive Medicaid payments, including retroactive payments (Sec. 3)
- States must certify that their abortion data is accurate, and states that knowingly provide false information may lose Medicaid payments for family planning services for one full fiscal year (Sec. 3)
- The CDC must create a standard worksheet for states to use when reporting abortion data and must allow the data to be organized and compared by different combinations of variables like maternal age and gestational age (Sec. 4)
- The CDC must publish a yearly report on collected abortion data by December 30 of the third year after the year being reported on (Sec. 4)
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What Changes
If this bill becomes law, states would be required to submit detailed abortion data to the CDC as a condition of receiving certain Medicaid payments. Currently, the bill text states that "reporting abortion data has been voluntary in the past."
The CDC would be required to maintain a system to collect and standardize abortion data from all states using mandatory questions about specific information.
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Important Definitions
- "State" means the several states, the District of Columbia and any territory of the United States (Sec. 4)
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Effective Date
States must submit data beginning the year that is two years after this bill becomes law (Sec. 3)
I
118TH CONGRESS
1ST SESSION
H. R. 632
To amend title XIX of the Social Security Act and Public Health Service
Act to improve the reporting of abortion data to the Centers for Disease
Control and Prevention, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 30, 2023
Mr. NORMAN (for himself, Mr. DUNCAN, Mr. GAETZ, Mrs. MILLER of Illinois,
Mr. ALLEN, Mr. SESSIONS, Mr. CARL, Mr. CLOUD, Mr. WALTZ, Mr.
LAMBORN, Mr. LUETKEMEYER, Mr. BANKS, Mr. ADERHOLT, Mr. PALM-
ER, Mrs. HARSHBARGER, Mr. JOHNSON of Louisiana, Mr. GOSAR, Mr.
BIGGS, Mr. BISHOP of North Carolina, Mr. WENSTRUP, Mr. ROSENDALE,
Mr. WESTERMAN, Mr. MOOLENAAR, Mr. SANTOS, Mr. WEBER of Texas,
Mr. KELLY of Mississippi, Mr. MOYLAN, Mr. GOOD of Virginia, Mr.
WEBSTER of Florida, and Mr. MOONEY) 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 and Public
Health Service Act to improve the reporting of abortion
data to the Centers for Disease Control and Prevention,
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 ‘‘Ensuring Accurate and
4
Complete Abortion Data Reporting Act of 2023’’.
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SEC. 2. FINDINGS.
1
Congress finds the following:
2
(1) Reporting abortion data has been voluntary
3
in the past, which has not resulted in complete data
4
being submitted to the Centers for Disease Control
5
and Prevention.
6
(2) While the Centers for Disease Control and
7
Prevention requests specific data points from each
8
State and the District of Columbia, there is a great
9
variety in the information collected and published by
10
the States.
11
(3) In fact, there is not a single abortion data
12
point publicly reported for all fifty States and the
13
District of Columbia.
14
(4) Even more alarming, three States that to-
15
gether account for 15 percent of the United States
16
population of women of childbearing age do not re-
17
port any abortion data to the Centers for Disease
18
Control and Prevention.
19
(5) Accurate statistical data regarding abortion
20
and those who survive abortion attempts is critical
21
to public health and policy analysis.
22
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•HR 632 IH
SEC. 3. MEDICAID PAYMENTS FOR CERTAIN FAMILY PLAN-
1
NING SERVICES AND SUPPLIES CONTINGENT
2
ON SUBMISSION OF ABORTION DATA TO CDC.
3
Section 1903 of the Social Security Act (42 U.S.C.
4
1396b) is amended—
5
(1) in subsection (a)(5), by inserting before ‘‘an
6
amount equal to’’ the following: ‘‘subject to sub-
7
section (cc),’’; and
8
(2) by adding at the end the following new sub-
9
section:
10
‘‘(cc) ANNUAL REPORTS ON ABORTION DATA.—
11
‘‘(1) IN GENERAL.—Subject to paragraph (2),
12
as a condition of receiving payment under subsection
13
(a)(5) with respect to any amount expended during
14
a year (beginning with the year following two years
15
after the date of the enactment of this subsection)
16
for family planning services and supplies described
17
in section 1905(a)(4)(C) furnished to an individual
18
described in section 1902(ii) or an individual whose
19
medical assistance under this title is limited to such
20
services and supplies furnished pursuant to a waiver
21
granted under section 1115, each State shall, by not
22
later than December 31 of the previous year, submit
23
to the abortion surveillance system of the Centers
24
for Disease Control and Prevention, with respect to
25
the year before the previous year, at least abortion
26
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•HR 632 IH
data regarding the mandatory questions described in
1
section 317W(a)(3)(A) of the Public Health Service
2
Act.
3
‘‘(2) LATE SUBMISSION OF REPORTS.—With re-
4
spect to a year, in the case of a State that does not
5
submit by December 31 of the previous year the
6
abortion data required under paragraph (1) with re-
7
spect to the year before the previous year but sub-
8
mits such data by December 31 of the year, such
9
State shall continue to receive payment, including
10
retroactive payment, under subsection (a)(5) with
11
respect to any amount expended during the year for
12
family planning services and supplies described in
13
section 1905(a)(4)(C) furnished to an individual de-
14
scribed in such paragraph.
15
‘‘(3) CERTIFICATION OF ABORTION DATA.—
16
‘‘(A) IN GENERAL.—With respect to each
17
submission of abortion data under this sub-
18
section, a State shall certify to the Director of
19
the Centers for Disease Control and Prevention
20
that such data is accurate.
21
‘‘(B) FALSE INFORMATION.—In the case
22
that the Director of the Centers for Disease
23
Control and Prevention determines that a State
24
has knowingly provided false information with
25
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•HR 632 IH
respect to a submission of abortion data under
1
this subsection, such State may not receive pay-
2
ment under subsection (a)(5) with respect to
3
any amount expended during the first full fiscal
4
year following such determination for family
5
planning services and supplies described in sec-
6
tion 1905(a)(4)(C) furnished to an individual
7
described in paragraph (1).’’.
8
SEC. 4. COLLECTION OF ABORTION DATA BY CDC.
9
Part B of title III of the Public Health Service Act
10
(42 U.S.C. 243 et seq.) is amended by inserting after sec-
11
tion 317V of such Act the following:
12
‘‘SEC. 317W. ABORTION DATA.
13
‘‘(a) IN GENERAL.—The Secretary, acting through
14
the Director of the Centers for Disease Control and Pre-
15
vention (in this section referred to as the ‘Secretary’)—
16
‘‘(1) shall maintain a surveillance system to col-
17
lect aggregate data in a standardized format on
18
abortions in the United States;
19
‘‘(2) shall, as part of such system, create a
20
standard worksheet to collect data from States on
21
abortions in the respective States;
22
‘‘(3) in such worksheet—
23
‘‘(A) shall, at a minimum, include ques-
24
tions on the variables listed in subsection (b), to
25
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•HR 632 IH
be treated as mandatory questions for purposes
1
of section 1903(cc) of the Social Security Act;
2
and
3
‘‘(B) may include such additional questions
4
on abortion as the Secretary determines to be
5
appropriate, to be treated as voluntary ques-
6
tions;
7
‘‘(4) shall, as part of such system, allow for
8
cross-tabulation of the variables listed in subsection
9
(b), including cross-tabulation of maternal age by
10
gestational age; race and ethnicity by gestational
11
age; type of abortion procedure by gestational age;
12
race and ethnicity by maternal age; and race and
13
ethnicity by marital status; and
14
‘‘(5) periodically update the questions in the
15
worksheet under paragraph (2) and the classification
16
of such questions as mandatory or voluntary under
17
paragraph (3).
18
‘‘(b) VARIABLES.—The variables listed in this sub-
19
section are the following:
20
‘‘(1) Maternal age in years.
21
‘‘(2) Gestational age in completed weeks at the
22
time of abortion.
23
‘‘(3) Maternal race.
24
‘‘(4) Maternal ethnicity.
25
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•HR 632 IH
‘‘(5) Maternal race by ethnicity.
1
‘‘(6) The abortion method type.
2
‘‘(7) Maternal marital status.
3
‘‘(8) Previous pregnancies of the mother, in-
4
cluding the number of previous live births, the num-
5
ber of previous induced abortions, and the number
6
of previous spontaneous abortions.
7
‘‘(9) Maternal residence (State or county).
8
‘‘(10) Whether the child survived the abortion.
9
‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall
10
provide technical assistance to States to facilitate and im-
11
prove the reporting of data to the system under subsection
12
(a).
13
‘‘(d) ANNUAL REPORTING.—The Secretary shall—
14
‘‘(1) include, for each calendar year, the data
15
collected pursuant to this section in a report on
16
abortion; and
17
‘‘(2) publish such report not later than Decem-
18
ber 30 of the third calendar year following the cal-
19
endar year covered by the report.
20
‘‘(e) DEFINITIONS.—In this section, the term ‘State’
21
refers to the several States, the District of Columbia, and
22
any territory of the United States.’’.
23
Æ
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