I 

116TH CONGRESS 

2D SESSION H. R. 8353 

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 

SEPTEMBER 23, 2020 

Mr. CLOUD (for himself, Mr. DUNCAN, Mr. BUDD, Mr. GAETZ, Mr. KING of 

Iowa, Mr. CHABOT, Mr. KELLY of Mississippi, Mr. ROUZER, Mr. FLORES, Mr. ADERHOLT, Mr. YOHO, Mr. DAVID P. ROE of Tennessee, Mr. 

GOHMERT, Mr. NORMAN, Mr. BANKS, Mr. MOONEY of West Virginia, Mr. 

STEUBE, Mr. LAMBORN, Mr. MULLIN, Mr. GALLAGHER, Mr. GIANFORTE, 

Mr. JOYCE of Pennsylvania, Mr. WILLIAMS, Mr. KUSTOFF of Tennessee, 

Mr. WALTZ, Mr. TIMMONS, Mr. FULCHER, Mr. MCKINLEY, Mr. BIGGS, 

Mr. TIFFANY, Mr. MARSHALL, Mr. COLLINS of Georgia, Mr. ARRINGTON, 

Mr. LAMALFA, Mr. WRIGHT, Mr. WEBER of Texas, Mr. JORDAN, Mr. 

ALLEN, Mr. BISHOP of North Carolina, Mr. HAGEDORN, Mr. SMITH of 

New Jersey, Mr. SPANO, Mr. COLE, Mr. KEVIN HERN of Oklahoma, Mr. 

GROTHMAN, Mr. GUEST, Mr. EMMER, Mr. OLSON, Mr. CARTER of Georgia, Mr. LATTA, and Mr. LUETKEMEYER) 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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Women’s Public 

3 Health and Safety Act’’. 

4 SEC. 2. INCREASING STATE FLEXIBILITY IN DETERMINING 

5 PARTICIPATION OF PROVIDERS WHO PER6 FORM, OR PARTICIPATE IN THE PERFORM7 ANCE OF, ABORTIONS. 

8 Section 1902 of the Social Security Act (42 U.S.C. 

9 1396a) is amended— 

10 (1) in subsection (a)(23), by striking ‘‘sub11 section (g)’’ and inserting ‘‘subsection (g), sub12 section (tt),’’; and 

13 (2) by adding at the end the following new sub14 section: 

15 ‘‘(tt) RULES WITH RESPECT TO DETERMINATION OF

16 PARTICIPATION OF PROVIDERS WHO PERFORM, OR PAR17 TICIPATE IN THE PERFORMANCE OF, ABORTIONS.— 

18 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

19 for purposes of this title, a State, at its option, may 

20 establish criteria with respect to the participation 

21 under the State plan (or a waiver of such plan) of 

22 an institution, an agency, an entity, or a person who 

23 performs, or participates in the performance of, 

24 abortions. 

25 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

26 apply to an abortion— 


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1 ‘‘(A) if the pregnancy is the result of an 

2 act of rape or incest; or 

3 ‘‘(B) in the case where a woman suffers 

4 from a physical disorder, physical injury, or 

5 physical illness that would, as certified by a 

6 physician, place the woman in danger of death 

7 unless an abortion is performed, including a 

8 life-endangering physical condition caused by or 

9 arising from the pregnancy itself. 

10 ‘‘(3) DEFINITIONS.—For purposes of this sub11 section, the terms ‘institution’, ‘agency’, or ‘entity’ 

12 mean the entire legal institution, agency, or entity, 

13 or any part thereof, including any institution, agen14 cy, or entity that controls, is controlled by, or is 

15 under common control with such institution, agency, 

16 or entity.’’. 

Æ 


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