Text: H.R.188 — 117th Congress (2021-2022)All Information (Except Text)

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Introduced in House (01/05/2021)


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.


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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