[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 188 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 188
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.
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IN THE HOUSE OF REPRESENTATIVES
January 5, 2021
Mr. Cloud (for himself, Mr. Mooney, Mr. Tiffany, Mr. Mullin, Mr. Gaetz,
Mr. Rouzer, Mr. Allen, Mr. Biggs, Mr. Kelly of Mississippi, Mr. Waltz,
Mr. Banks, Mr. Gosar, Mr. Williams of Texas, Mr. Joyce of Pennsylvania,
Mr. Lamborn, Mr. Timmons, Mr. Chabot, Mr. Budd, Mr. Duncan, Mr. Norman,
Mr. LaMalfa, Mr. Gallagher, Mr. Steube, Mr. Smith of New Jersey, Mr.
Fulcher, Mr. Baird, Mr. Latta, Mr. Gohmert, Mr. Kustoff, Mr. Aderholt,
Mr. Weber of Texas, Mr. McKinley, Mr. Grothman, Mr. Graves of
Louisiana, Mrs. Hinson, and Mr. Wright) 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Public Health and Safety
Act''.
SEC. 2. INCREASING STATE FLEXIBILITY IN DETERMINING PARTICIPATION OF
PROVIDERS WHO PERFORM, OR PARTICIPATE IN THE PERFORMANCE
OF, ABORTIONS.
Section 1902 of the Social Security Act (42 U.S.C. 1396a) is
amended--
(1) in subsection (a)(23), by striking ``subsection (g)''
and inserting ``subsection (g), subsection (tt),''; and
(2) by adding at the end the following new subsection:
``(tt) Rules With Respect to Determination of Participation of
Providers Who Perform, or Participate in the Performance of,
Abortions.--
``(1) In general.--Subject to paragraph (2), for purposes
of this title, a State, at its option, may establish criteria
with respect to the participation under the State plan (or a
waiver of such plan) of an institution, an agency, an entity,
or a person who performs, or participates in the performance
of, abortions.
``(2) Exception.--Paragraph (1) shall not apply to an
abortion--
``(A) if the pregnancy is the result of an act of
rape or incest; or
``(B) in the case where a woman suffers from a
physical disorder, physical injury, or physical illness
that would, as certified by a physician, place the
woman in danger of death unless an abortion is
performed, including a life-endangering physical
condition caused by or arising from the pregnancy
itself.
``(3) Definitions.--For purposes of this subsection, the
terms `institution', `agency', or `entity' mean the entire
legal institution, agency, or entity, or any part thereof,
including any institution, agency, or entity that controls, is
controlled by, or is under common control with such
institution, agency, or entity.''.
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