[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7418 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7418
To amend title XI of the Social Security Act to exclude certain
individuals and entities from participation in Medicare and State
health programs that discriminate on the basis of a covered statement.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 6, 2022
Mr. Cawthorn introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title XI of the Social Security Act to exclude certain
individuals and entities from participation in Medicare and State
health programs that discriminate on the basis of a covered statement.
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 ``Candace Owens Act''.
SEC. 2. PROHIBITION AGAINST DISCRIMINATION IN CERTAIN HEALTH PROGRAMS
AND ACTIVITIES ON THE BASIS OF A COVERED STATEMENT.
(a) In General.--Section 1128 of the Social Security Act (42 U.S.C.
1320a-7) is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(5) Failure to provide care based on covered statement.--
``(A) In general.--Any individual or entity that
the Secretary determines has failed to furnish items or
services to a patient based on a covered statement (as
defined in subsection (k)) made by such patient.
``(B) Enforcement.--Not later than 6 months after
the date of enactment of this paragraph, the Secretary
shall establish a process under which the Office of
Civil Rights of the Department of Health and Human
Services shall investigate a claim of failure to
provide care based on a covered statement (as described
in subparagraph (A)).'';
(2) in subsection (c)(3)--
(A) in subparagraph (B), by striking ``subparagraph
(G)'' and inserting ``subparagraphs (G) and (H)''; and
(B) by adding at the end the following new
subparagraph:
``(H)(i) Subject to clause (ii), in the case of an
exclusion of an individual or entity under subsection
(a)(5), the period of such exclusion from a Federal
health program and a State health program shall be not
less than 1 year.
``(ii) In the case of an exclusion of an individual
or entity under subsection (a)(5), if such failure to
furnish items or services causes a patient to be in
violation of a public health emergency declared under
section 319 of the Public Health Service Act, the
period of the exclusion from a Federal health program
and a State health program shall be not less than 2
years.''; and
(3) by adding at the end the following new subsection:
``(k) Definitions.--For purposes of subsection (a)(5):
``(1) Affiliated organization.--The term `affiliated
organization' means an organization that is operated,
supervised, or controlled by or in connection with a political
party.
``(2) Covered statement.--
``(A) In general.--Subject to subparagraph (B), the
term `covered statement' means a written or oral
statement that--
``(i) expresses support of, or endorses, a
national political party, State political
party, or an affiliated organization;
``(ii) expresses support of, or affiliation
with, a special interest group that may have a
political message; or
``(iii) denigrates, disagrees with, or
disparages the political views of a national
political party, a State political party, an
affiliated organization, or a special interest
group that may have a political message.
``(B) Exception.--A `covered statement' does not
include the following:
``(i) A crime of violence (as such term is
defined in section 16 of title 18, United
States Code).
``(ii) Harassment.
``(iii) Incitement of violence or
harassment.
``(3) Harassment.--The term `harassment' means the
targeting of an individual or entity with behavior meant to
alarm, annoy, torment, or terrorize such individual or entity,
including by directing abuse towards groups protected under
title VII of the Civil Rights Act of 1964, in a manner that
causes such individual or entity to feel reasonable fear for
the safety of such individual or entity, or the family or
property of such individual or entity.
``(4) Incitement.--The term `incitement' means the urging
of an individual to commit a criminal offense under Federal or
State law.
``(5) Special interest group.--The term `special interest
group' means an organization with a political, cultural, or
religious message that is not operated, supervised, or
controlled by a political party.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to items or services furnished one year after the
date of enactment of this Act.
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