I 

117TH CONGRESS 

1ST SESSION H. R. 343 

To require States to report information on Medicaid payments to abortion 

providers. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 19, 2021 

Mr. BANKS (for himself, Mr. MOONEY, Mr. WESTERMAN, Mr. GROTHMAN, 

Mr. LAMBORN, Mr. BUDD, Mr. ALLEN, and Mr. NORMAN) 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 ‘‘Taxpayer Conscience 

5 Protection Act of 2021’’. 

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 the 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 343 IH

1 enactment 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 00:20 Feb 07, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H343.IH H343

kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 343 IH

1 volved and the gestational age with respect to each 

2 such abortion. 

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

4 after the end of each fiscal year described in subsection 

5 (a), the Secretary shall submit to the Committee on En6 ergy and Commerce of the House of Representatives and 

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

8 on a public internet website of the Department of Health 

9 and Human Services, a report that— 

10 (1) contains the reports submitted pursuant to 

11 subsection (a) for the fiscal year; and 

12 (2) includes a summary of the reports. 

13 (d) DEFINITIONS.—In this section: 

14 (1) ABORTION PROVIDER.—The term ‘‘abortion 

15 provider’’ means an entity that— 

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

17 an abortion; or 

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

19 common control with, an entity described in 

20 subparagraph (A). 

21 (2) MEDICAID PAYMENT FROM FEDERAL

22 FUNDS.—The term ‘‘Medicaid payment from Fed23 eral funds’’ means a payment for which there is 

24 Federal financial participation under title XIX of 

25 the Social Security Act. 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 343 IH

1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Health and Human Services. 

3 (4) STATE.—The term ‘‘State’’ has the mean4 ing given the term for purposes of title XIX of the 

5 Social Security Act. 

6 (e) CONFORMING AMENDMENTS TO SOCIAL SECU7 RITY ACT.—Section 1902(a) of the Social Security Act 

8 (42 U.S.C. 1396a(a)) is amended— 

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

10 (85); 

11 (2) by striking the period at the end of para12 graph (86) and inserting ‘‘; and’’; and 

13 (3) by inserting after paragraph (86) the fol14 lowing: 

15 ‘‘(87) provide for the submission of reports in 

16 accordance with section 2 of the Taxpayer Con17 science Protection Act of 2021.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS