Title: Candace Owens Act
Policy area: Health

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.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7418 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 7418

    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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 2022

 Mr. Cawthorn 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 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Candace Owens Act''.

SEC. 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) is amended--
            (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)'' and inserting ``subparagraphs (G) and (H)''; and
                    (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' means an organization that is operated, 
        supervised, or controlled by or in connection with a political 
        party.
            ``(2) Covered statement.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                term `covered statement' means a written or oral 
                statement that--
                            ``(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' does not 
                include the following:
                            ``(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' means the 
        targeting of an individual or entity with behavior meant to 
        alarm, annoy, torment, or terrorize such individual or entity, 
        including by directing abuse towards groups protected under 
        title VII of the Civil Rights Act of 1964, in a manner that 
        causes such individual or entity to feel reasonable fear for 
        the safety of such individual or entity, or the family or 
        property of such individual or entity.
            ``(4) Incitement.--The term `incitement' means the urging 
        of an individual to commit a criminal offense under Federal or 
        State law.
            ``(5) Special interest group.--The term `special interest 
        group' means an organization with a political, cultural, or 
        religious message that is not operated, supervised, or 
        controlled by a political party.''.
    (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.
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