I 

117TH CONGRESS 

1ST SESSION H. R. 2328 

To amend title XIX of the Social Security Act to prohibit payments under 

the Medicaid program for conversion therapy, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 1, 2021 

Mr. SEAN PATRICK MALONEY of New York (for himself, Mr. AUCHINCLOSS, 

Mr. AGUILAR, Ms. BARRAGA ́N, Mrs. BEATTY, Mr. BERA, Mr. BLUMENAUER, Ms. BONAMICI, Ms. BROWNLEY, Ms. BUSH, Mr. CARSON, Ms. 

CHU, Mr. CICILLINE, Ms. CLARK of Massachusetts, Mr. COHEN, Mr. 

DANNY K. DAVIS of Illinois, Ms. DEGETTE, Ms. DELBENE, Mr. 

DESAULNIER, Mrs. DINGELL, Mr. MICHAEL F. DOYLE of Pennsylvania, 

Mr. ESPAILLAT, Mr. FOSTER, Mr. GALLEGO, Mr. GRIJALVA, Mrs. 

HAYES, Mr. HIMES, Ms. HOULAHAN, Ms. JACKSON LEE, Ms. JACOBS of 

California, Ms. JAYAPAL, Mr. JOHNSON of Georgia, Mr. JONES, Mr. 

KAHELE, Mr. KILDEE, Mr. KILMER, Ms. KUSTER, Mr. LARSEN of Washington, Mr. LARSON of Connecticut, Ms. LEE of California, Mr. LEVIN

of California, Mr. LIEU, Mr. LYNCH, Mrs. CAROLYN B. MALONEY of New 

York, Ms. MANNING, Ms. MATSUI, Ms. MCCOLLUM, Mr. MCNERNEY, Mr. 

MEEKS, Ms. MENG, Mr. MORELLE, Ms. MOORE of Wisconsin, Mr. 

MOULTON, Mrs. NAPOLITANO, Ms. NEWMAN, Ms. NORTON, Mr. 

O’HALLERAN, Mr. PANETTA, Mr. PASCRELL, Mr. PETERS, Ms. PINGREE, 

Mr. POCAN, Ms. PRESSLEY, Mr. RASKIN, Ms. ROSS, Ms. ROYBALALLARD, Mr. RYAN, Ms. SA ́NCHEZ, Ms. SCANLON, Ms. SCHAKOWSKY, 

Mr. SCHIFF, Ms. SEWELL, Ms. SPEIER, Mr. SWALWELL, Mr. TAKANO, 

Ms. TITUS, Ms. TLAIB, Mr. TONKO, Mr. TORRES of New York, Mrs. 

TRAHAN, Ms. WASSERMAN SCHULTZ, Mrs. WATSON COLEMAN, Mr. 

WELCH, Ms. WILD, Ms. WILSON of Florida, and Mr. YARMUTH) 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 prohibit 


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payments under the Medicaid program for conversion 

therapy, and for other purposes. 

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 ‘‘Prohibition of Med5 icaid Funding for Conversion Therapy Act’’. 

6 SEC. 2. PROHIBITION ON MEDICAID PAYMENTS FOR CON7 VERSION THERAPY. 

8 (a) IN GENERAL.—Section 1902 of the Social Secu9 rity Act (42 U.S.C. 1396a) is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (86), by striking ‘‘and’’ 

12 at the end; 

13 (B) in paragraph (87), by striking the pe14 riod at the end and inserting ‘‘; and’’; and 

15 (C) by inserting after paragraph (87) the 

16 following new paragraph: 

17 ‘‘(88) provide that, beginning with the first day 

18 of the first quarter that begins on or after the date 

19 of enactment of this paragraph, no payment may be 

20 made under the plan with respect to conversion ther21 apy (as defined in subsection (tt)) furnished to an 

22 individual enrolled under the plan (or a waiver of 

23 such plan).’’; and 


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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(tt) CONVERSION THERAPY; GENDER IDENTITY; 

4 PERSON; SEXUAL ORIENTATION.—For purposes of sub5 section (a)(88) and this subsection: 

6 ‘‘(1) CONVERSION THERAPY.—The term ‘con7 version therapy’— 

8 ‘‘(A) means any practice or treatment by 

9 any person that seeks to change another indi10 vidual’s sexual orientation or gender identity, 

11 including efforts to change behaviors or gender 

12 expressions, or to eliminate or reduce sexual or 

13 romantic attractions or feelings toward individ14 uals of the same gender, if such person receives 

15 monetary compensation in exchange for any 

16 such practice or treatment; and 

17 ‘‘(B) does not include any practice or 

18 treatment, which does not seek to change sexual 

19 orientation or gender identity, that— 

20 ‘‘(i) provides assistance to an indi21 vidual undergoing a gender transition; or 

22 ‘‘(ii) provides acceptance, support, 

23 and understanding of a client or facilita24 tion of a client’s coping, social support, 

25 and identity exploration and development, 


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1 including sexual orientation-neutral inter2 ventions to prevent or address unlawful 

3 conduct or unsafe sexual practices. 

4 ‘‘(2) GENDER IDENTITY.—The term ‘gender 

5 identity’ means the gender-related identity, appear6 ance, mannerisms, or other gender-related character7 istics of an individual, regardless of the individual’s 

8 designated sex at birth. 

9 ‘‘(3) PERSON.—The term ‘person’ means any 

10 individual, partnership, corporation, cooperative, as11 sociation, or any other entity. 

12 ‘‘(4) SEXUAL ORIENTATION.—The term ‘sexual 

13 orientation’ means homosexuality, heterosexuality, or 

14 bisexuality.’’. 

15 (b) CONFORMING AMENDMENT.—Section 1903(i) of 

16 the Social Security Act (42 U.S.C. 1396b(i)) is amend17 ed— 

18 (1) in paragraph (26), by striking ‘‘or’’ at the 

19 end; 

20 (2) in paragraph (27), by striking the period at 

21 the end and inserting ‘‘; or’’; and 

22 (3) by inserting after paragraph (27) the fol23 lowing new paragraph: 

24 ‘‘(28) with respect to any amount expended for 

25 conversion therapy (as defined in section 1902(tt)) 


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1 on or after the date described in section 

2 1902(a)(88).’’. 

Æ 


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