I 
118TH CONGRESS 
1ST SESSION 
H. R. 445 
To establish within the Department of Health and Human Services an 
Ombuds for Reproductive and Sexual Health. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 20, 2023 
Ms. WILLIAMS of Georgia (for herself, Ms. JACOBS, Ms. GARCIA of Texas, Ms. 
ESCOBAR, and Ms. LEE of California) introduced the following bill; which 
was referred to the Committee on Energy and Commerce 
A BILL 
To establish within the Department of Health and Human 
Services an Ombuds for Reproductive and Sexual Health. 
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 ‘‘HHS Reproductive and 
Sexual Health Ombuds Act of 2023’’. 
SEC. 
2. 
OMBUDS 
FOR 
REPRODUCTIVE 
AND 
SEXUAL 
HEALTH. 
(a) IN GENERAL.— 
(1) POSITION
ESTABLISHED.—There shall be 
within the Department of Health and Human Serv-
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ices (in this section referred to as the ‘‘Depart-
ment’’) an Ombuds for Reproductive and Sexual 
Health 
(in 
this 
section 
referred 
to 
as 
the 
‘‘Ombuds’’). 
(2) QUALIFICATIONS.—To be eligible to be ap-
pointed as the Ombuds, an individual shall, prior to 
such appointment, have expertise in sexual and re-
productive health and demonstrated commitment to 
the provision of specified health care services, includ-
ing abortion and the care of LGBTQ+ individuals, 
individuals belonging to a racial or ethnic minority, 
individuals with disabilities, and individuals of low 
socio-economic status. 
(3) REPORTING
DIRECTLY
TO
SECRETARY.— 
The Ombuds shall report directly to the Secretary of 
Health and Human Services (in this section referred 
to as the ‘‘Secretary’’). 
(b) ORGANIZATIONAL INDEPENDENCE.—The Sec-
retary shall take appropriate action to ensure the inde-
pendence of the Ombuds’s office from other officers or em-
ployees of the Department engaged in reproductive and 
sexual health activities. 
(c) STAFFING.—The Secretary shall take appropriate 
action to ensure that the Ombuds’s office is sufficiently 
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staffed and resourced to carry out its duties effectively and 
efficiently. 
(d) FUNCTIONS.—The functions of the Ombuds shall 
be as follows: 
(1) To educate the public on specified health 
care services, including by making evidence-based, 
medically accurate educational materials available to 
the public. 
(2) To analyze data collected by the Depart-
ment of Health and Human Services about con-
sumer access to specified health care services. 
(3) In coordination with the Secretary of Labor, 
the Secretary of the Treasury, and State insurance 
commissioners (or their designees within the applica-
ble agency), to— 
(A) gather information about benefits for 
specified health care services under health plans 
and programs specified under subsection (j)(1); 
and 
(B) provide an analysis of any gaps in 
such coverage. 
(4) To disseminate information about how indi-
viduals can connect with— 
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(A) health care providers receiving Federal 
funds under title X of the Public Health Service 
Act (42 U.S.C. 300 et seq.); 
(B) abortion funds; and 
(C) other clinics that provide specified 
health care services. 
(5) To provide the public with evidence-based 
and medically accurate information related to medi-
cation abortions conducted outside formal medical 
settings. 
(6) To collect information regarding, and to ad-
dress, reproductive and sexual health misinformation 
being disseminated to the public. 
(7) To coordinate with the Federal Trade Com-
mission to collect information about, and address 
consumer protection and data privacy concerns on, 
the provision of any services relating to reproductive 
and sexual health. 
(8) In coordination with entities receiving 
grants under section 1311(i) of the Patient Protec-
tion and Affordable Care Act (42 U.S.C. 18031(i)) 
and other entities assisting individuals eligible to en-
roll in qualified health plans (as defined in section 
1301(a) of such Act (42 U.S.C. 18021(a))) through 
an Exchange established pursuant to title I of such 
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Act, to promote awareness of the availability of such 
plans and the benefits under such plans for specified 
health care services. 
(e) REQUEST FOR INVESTIGATIONS.—The Ombuds 
may request the Inspector General of the Department to 
conduct inspections, investigations, and audits related to 
any of the functions under subsection (d). 
(f) PROTECTION OF INFORMATION.—The Ombuds 
shall comply with all applicable Federal privacy laws (and 
the regulations issued thereunder) in the collection, anal-
ysis, or release of any information or data, including in 
any reports issued under subsection (i). 
(g) COORDINATION WITH DEPARTMENT COMPO-
NENTS.—Not later than 60 days after a request from the 
Ombuds to the Secretary for records of the Department 
necessary to execute the functions of the Ombuds under 
subsection (d), the Secretary shall establish procedures to 
provide the Ombuds access to all such records. 
(h) PUBLIC OUTREACH.—The Secretary shall take 
all appropriate actions to advise and engage with the pub-
lic regarding the existence, authorities, and duties of the 
Ombuds and the Ombuds’s office. 
(i) ANNUAL REPORTING.—Not later than June 30, 
2023, and each June 30 thereafter, the Ombuds shall sub-
mit to the Congress a report that— 
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(1) evaluates the efforts of the Ombuds (or the 
Secretary, as applicable) with respect to each of the 
functions specified in subsection (d); and 
(2) contains such other information as the Sec-
retary determines is appropriate. 
(j) DEFINITIONS.—In this section: 
(1) The term ‘‘health plans and programs’’ re-
fers to any of the following: 
(A) Each Federal health care program (as 
defined in section 1128B of the Social Security 
Act (42 U.S.C. 1320a–7b) but including the 
program established under chapter 89 of title 5, 
United States Code). 
(B) Health insurance coverage offered in 
the large group market (as such terms are de-
fined in section 2791 of the Public Health Serv-
ice Act (42 U.S.C. 300gg–91)). 
(C) Health insurance coverage offered in 
the small group market (as so defined). 
(D) Health insurance coverage offered in 
the individual market (as so defined). 
(E) Self-insured group health plans. 
(2) The term ‘‘reproductive and sexual health 
misinformation’’ includes any information relating to 
reproductive and sexual health that is not evidence- 
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based or medically accurate, including inaccuracy in 
the provision of any related services. 
(3) The term ‘‘specified health care services’’ 
means evidence-based, medically accurate medical, 
surgical, counseling, or referral services relating to 
reproductive and sexual health, including services re-
lating to pregnancy and the termination of a preg-
nancy. 
(k) RULE OF CONSTRUCTION.—Nothing in this Act 
shall be construed as authorizing the Ombuds to collect, 
or as requiring other Federal, State, local, or private enti-
ties to provide to the Ombuds, individually identifiable in-
formation about individual patients, including protected 
health information (as defined in section 160.103 of title 
45, Code of Federal Regulations (or successor regula-
tions)) or individually identifiable health information (as 
defined in such section (or successor regulations)). 
Æ 
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