I 

116TH CONGRESS 

1ST SESSION H. R. 1981 

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 

MARCH 28, 2019 

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

California, Ms. GABBARD, Mr. TAKANO, Ms. BONAMICI, Ms. NORTON, 

Mr. LOWENTHAL, Mr. CRIST, Mr. ESPAILLAT, Mr. ENGEL, Mr. CARSON

of Indiana, Mr. GRIJALVA, Mr. COHEN, Mr. KILMER, Mr. MICHAEL F. 

DOYLE of Pennsylvania, Ms. MUCARSEL-POWELL, Mr. GOMEZ, Ms. 

MCCOLLUM, Mr. SMITH of Washington, Mr. MCGOVERN, Mr. 

GARAMENDI, Mr. KENNEDY, Ms. VELA ́ZQUEZ, Ms. MATSUI, Mr. 

QUIGLEY, Mr. RYAN, Mr. CICILLINE, Mrs. NAPOLITANO, Mr. FOSTER, 

Mr. PAPPAS, Mr. BLUMENAUER, Mr. SWALWELL of California, Mr. 

TONKO, Mr. MEEKS, Mr. VARGAS, Mr. HIGGINS of New York, Ms. ROYBAL-ALLARD, Ms. SPEIER, Mr. POCAN, Ms. JAYAPAL, Mr. HASTINGS, 

Mr. MOULTON, Ms. TITUS, Mrs. TORRES of California, Mr. HIMES, Mr. 

RUSH, Ms. BROWNLEY of California, Mr. KILDEE, Mrs. CRAIG, Ms. 

JACKSON LEE, Ms. WASSERMAN SCHULTZ, Mr. PETERS, Ms. OMAR, Ms. 

WEXTON, Mr. DEFAZIO, Mr. NADLER, Ms. DELAURO, Ms. WILD, Mr. 

HECK, Mrs. WATSON COLEMAN, Ms. LEE of California, Mr. PANETTA, 

Ms. KELLY of Illinois, and Mr. BROWN of Maryland) 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 

payments under the Medicaid program for conversion 

therapy, and for other purposes. 


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•HR 1981 IH

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 (85), by striking ‘‘and’’ 

12 at the end; 

13 (B) in paragraph (86), by striking the pe14 riod at the end and inserting ‘‘; and’’; and 

15 (C) by inserting after paragraph (86) the 

16 following new paragraph: 

17 ‘‘(87) 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 (qq)) furnished to an 

22 individual enrolled under the plan (or a waiver of 

23 such plan).’’; and 

24 (2) by adding at the end the following new sub25 section: 


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•HR 1981 IH

1 ‘‘(qq) CONVERSION THERAPY; GENDER IDENTITY; 

2 PERSON; SEXUAL ORIENTATION.—For purposes of sub3 section (a)(87) and this subsection: 

4 ‘‘(1) CONVERSION THERAPY.—The term ‘con5 version therapy’— 

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

7 any person that seeks to change another indi8 vidual’s sexual orientation or gender identity, 

9 including efforts to change behaviors or gender 

10 expressions, or to eliminate or reduce sexual or 

11 romantic attractions or feelings toward individ12 uals of the same gender, if such person receives 

13 monetary compensation in exchange for any 

14 such practice or treatment; and 

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

16 treatment, which does not seek to change sexual 

17 orientation or gender identity, that— 

18 ‘‘(i) provides assistance to an indi19 vidual undergoing a gender transition; or 

20 ‘‘(ii) provides acceptance, support, 

21 and understanding of a client or facilita22 tion of a client’s coping, social support, 

23 and identity exploration and development, 

24 including sexual orientation-neutral interVerDate Sep 11 2014 06:35 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1981.IH H1981

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•HR 1981 IH

1 ventions to prevent or address unlawful 

2 conduct or unsafe sexual practices. 

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

4 identity’ means the gender-related identity, appear5 ance, mannerisms, or other gender-related character6 istics of an individual, regardless of the individual’s 

7 designated sex at birth. 

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

9 individual, partnership, corporation, cooperative, as10 sociation, or any other entity. 

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

12 orientation’ means homosexuality, heterosexuality, or 

13 bisexuality.’’. 

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

15 the Social Security Act (42 U.S.C. 1396b(i)) is amended 

16 by inserting after paragraph (8) the following new para17 graph: 

18 ‘‘(9) with respect to any amount expended for 

19 conversion therapy (as defined in section 1902(qq)) 

20 on or after the date described in section 

21 1902(a)(87); or’’. 

Æ 


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