Candace Owens Act

To amend title XI of the Social Security Act to exclude certain individuals and entities from participation in Medicare and State health programs that discriminate on the basis of a covered statement. 1. Short title This Act may be cited as the Candace Owens Act 2. Prohibition against discrimination in certain health programs and activities on the basis of a covered statement (a) In general Section 1128 of the Social Security Act ( 42 U.S.C. 1320a–7 (1) in subsection (a), by adding at the end the following new paragraph: (5) Failure to provide care based on covered statement (A) In general Any individual or entity that the Secretary determines has failed to furnish items or services to a patient based on a covered statement (as defined in subsection (k)) made by such patient. (B) Enforcement Not later than 6 months after the date of enactment of this paragraph, the Secretary shall establish a process under which the Office of Civil Rights of the Department of Health and Human Services shall investigate a claim of failure to provide care based on a covered statement (as described in subparagraph (A)). ; (2) in subsection (c)(3)— (A) in subparagraph (B), by striking subparagraph (G) subparagraphs (G) and (H) (B) by adding at the end the following new subparagraph: (H) (i) Subject to clause (ii), in the case of an exclusion of an individual or entity under subsection (a)(5), the period of such exclusion from a Federal health program and a State health program shall be not less than 1 year. (ii) In the case of an exclusion of an individual or entity under subsection (a)(5), if such failure to furnish items or services causes a patient to be in violation of a public health emergency declared under section 319 of the Public Health Service Act, the period of the exclusion from a Federal health program and a State health program shall be not less than 2 years. ; and (3) by adding at the end the following new subsection: (k) Definitions For purposes of subsection (a)(5): (1) Affiliated organization The term affiliated organization (2) Covered statement (A) In general Subject to subparagraph (B), the term covered statement (i) expresses support of, or endorses, a national political party, State political party, or an affiliated organization; (ii) expresses support of, or affiliation with, a special interest group that may have a political message; or (iii) denigrates, disagrees with, or disparages the political views of a national political party, a State political party, an affiliated organization, or a special interest group that may have a political message. (B) Exception A covered statement (i) A crime of violence (as such term is defined in section 16 of title 18, United States Code). (ii) Harassment. (iii) Incitement of violence or harassment. (3) Harassment The term harassment (4) Incitement The term incitement (5) Special interest group The term special interest group . (b) Effective date The amendments made by subsection (a) shall apply with respect to items or services furnished one year after the date of enactment of this Act.

Summary: Candace Owens Act This bill excludes health care providers from federal health care programs (e.g., Medicare) and federally funded state health care programs (e.g., Medicaid) for one year if they fail to furnish services to a patient based on the patient's political statements. Providers are subject to two-year exclusions for actions that cause a patient to be in violation of a public health emergency.