I 
114TH CONGRESS 
1ST SESSION H. R. 3494 
To amend title XIX of the Social Security Act to provide greater clarity 
for States with respect to excluding providers whose actions a State 
suspects causes termination of fetuses born alive, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 11, 2015 
Mrs. BLACKBURN introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committee 
on Ways and Means, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To amend title XIX of the Social Security Act to provide 
greater clarity for States with respect to excluding pro-
viders whose actions a State suspects causes termination 
of fetuses born alive, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Infants 
Born Alive Act’’. 
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SEC. 2. CLARIFYING STATES’ ABILITY TO EXCLUDE PRO-
VIDERS WHOSE ACTIONS STATES SUSPECT 
CAUSES TERMINATION OF FETUSES BORN 
ALIVE. 
Section 1902(a)(23) of the Social Security Act (42 
U.S.C. 1396a(a)(23)) is amended by inserting before the 
semicolon at the end the following: ‘‘, or as requiring a 
State to provide medical assistance for such services fur-
nished by a person or entity whose services or actions are 
suspected by the State of causing the termination of a 
human fetus who would be classified as an infant that is 
born alive under section 8 of title 1, United States Code’’. 
SEC. 3. PROTECTING PATIENTS BY NOT PROVIDING FED-
ERAL FUNDING TO PROVIDERS WHO TERMI-
NATE FETUSES BORN ALIVE. 
Section 1903(i) of the Social Security Act (42 U.S.C. 
1396b(i)) is amended by inserting after paragraph (11) 
the following new paragraph: 
‘‘(12) with respect to amounts expended for 
medical assistance for items and services furnished 
by a person or entity who has terminated a human 
fetus who would be classified as an infant that is 
born alive under section 8 of title 1, United States 
Code;’’. 
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SEC. 4. TERMINATION FROM PARTICIPATION IN FEDERAL 
HEALTH CARE PROGRAMS OF PROVIDERS 
WHO TERMINATE FETUSES BORN ALIVE. 
Section 1128(a) of the Social Security Act (42 U.S.C. 
1320a–7(a)) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(5) TERMINATION OF BORN ALIVE INFANT.— 
Any individual or entity that has terminated a 
human fetus who would be classified as an infant 
that is born alive under section 8 of title 1, United 
States Code.’’. 
SEC. 5. EFFECTIVE DATE. 
The amendments made by this Act shall apply with 
respect to terminations occurring on or after the date of 
the enactment of this Act. 
Æ 
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