I 

118TH CONGRESS 

2D SESSION H. R. 7161 

To require States to report information on Medicaid payments to abortion 

providers. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 31, 2024 

Mr. BANKS (for himself, Mr. ADERHOLT, Mr. MOONEY, Mr. WOMACK, Mr. 

BURCHETT, Mrs. MILLER of Illinois, Mr. MOORE of Alabama, and Mr. 

CARL) introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To require States to report information on Medicaid 

payments to abortion providers. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Abortion Funding 

5 Awareness Act of 2024’’. 

6 SEC. 2. REQUIRED REPORTING OF MEDICAID PAYMENTS 

7 TO ABORTION PROVIDERS. 

8 (a) IN GENERAL.—Not later than 60 days after the 

9 end of the first fiscal year ending after the date of enactVerDate Sep 11 2014 21:42 Feb 05, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7161.IH H7161

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1 ment of this Act and each fiscal year thereafter, each 

2 State that makes a Medicaid payment from Federal funds 

3 during the fiscal year for any items or services furnished 

4 by an abortion provider shall— 

5 (1) submit to the Secretary a report on all such 

6 payments; and 

7 (2) publish the report on a public internet 

8 website of the State. 

9 (b) REPORT DESCRIBED.—The report under sub10 section (a) shall, with respect to a State that makes a 

11 Medicaid payment from Federal funds during the fiscal 

12 year for any items or services furnished by an abortion 

13 provider, include the following: 

14 (1) With respect to each such payment, each of 

15 the following: 

16 (A) A specification of the amount of the 

17 payment. 

18 (B) A specification of the purposes for 

19 which the payment was made. 

20 (C) A comparison of the amount of the 

21 payment with the amount of any such payment 

22 to the provider involved in any prior fiscal year. 

23 (2) A specification of the number of abortions 

24 performed during the fiscal year by the provider inVerDate Sep 11 2014 21:42 Feb 05, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7161.IH H7161

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1 volved and the gestational age with respect to each 

2 such abortion. 

3 (3) A specification of the method of abortion 

4 used. 

5 (c) REPORT TO CONGRESS.—Not later than 90 days 

6 after the end of each fiscal year described in subsection 

7 (a), the Secretary shall submit to the Committee on En8 ergy and Commerce of the House of Representatives and 

9 to the Committee on Finance of the Senate, and publish 

10 on a public internet website of the Department of Health 

11 and Human Services, a report that— 

12 (1) contains the reports submitted pursuant to 

13 subsection (a) for the fiscal year; and 

14 (2) includes a summary of the reports. 

15 (d) DEFINITIONS.—In this section: 

16 (1) ABORTION.—The term ‘‘abortion’’ means 

17 the use or prescription of any instrument, medicine, 

18 drug, or any other substance or device— 

19 (A) to intentionally kill the unborn child of 

20 a woman known to be pregnant; or 

21 (B) to intentionally terminate the preg22 nancy of a woman known to be pregnant, with 

23 an intention other than— 


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1 (i) after viability, to produce a live 

2 birth and preserve the life and health of 

3 the child born alive; or 

4 (ii) to remove a dead unborn child. 

5 (2) ABORTION PROVIDER.—The term ‘‘abortion 

6 provider’’ means an entity that— 

7 (A) performs (or refers an individual for) 

8 an abortion; or 

9 (B) controls, is controlled by, or is under 

10 common control with, an entity described in 

11 subparagraph (A). 

12 (3) MEDICAID PAYMENT FROM FEDERAL

13 FUNDS.—The term ‘‘Medicaid payment from Fed14 eral funds’’ means a payment for which there is 

15 Federal financial participation under title XIX of 

16 the Social Security Act. 

17 (4) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Health and Human Services. 

19 (5) STATE.—The term ‘‘State’’ has the mean20 ing given the term for purposes of title XIX of the 

21 Social Security Act. 

22 (e) CONFORMING AMENDMENTS TO SOCIAL SECU23 RITY ACT.—Section 1902(a) of the Social Security Act 

24 (42 U.S.C. 1396a(a)) is amended— 


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1 (1) by striking ‘‘and’’ at the end of paragraph 

2 (86); 

3 (2) by striking the period at the end of para4 graph (87) and inserting ‘‘; and’’; and 

5 (3) by inserting after paragraph (87) the fol6 lowing: 

7 ‘‘(88) provide for the submission of reports in 

8 accordance with section 2 of the Abortion Funding 

9 Awareness Act of 2024.’’. 

Æ 


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