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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3495 Referred in Senate (RFS)]

<DOC>
114th CONGRESS
  2d Session
                                H. R. 3495

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 30, 2015

                                Received

                             July 14, 2016

          Read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 AN ACT

 
  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 (ll),''; and
            (2) by adding at the end the following new subsection:
    ``(ll) Rules With Respect to Determination of Participation of 
Providers Who Perform, or Participate in the Performance of, 
Abortions.--
            ``(1) In general.--Beginning October 1, 2015, 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 under a waiver of the 
        plan) of an institution, agency, entity, or 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.''.

            Passed the House of Representatives September 29, 2015.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```