Title: Women’s Public Health and Safety Act
Policy area: Health

Summary:
Women's Public Health and Safety Act
This bill allows a state to exclude from participation in the state's Medicaid program a provider that performs an abortion, unless (1) the pregnancy is the result of rape or incest, or (2) the woman suffers from a physical issue that would place her in danger of death unless an abortion is performed. Under current law, a state plan for medical assistance must provide that any individual eligible for medical assistance may obtain required services from any provider qualified to perform them.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 95 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 95

  To amend title XIX of the Social Security Act to allow for greater 
State flexibility with respect to excluding providers who are involved 
                             in abortions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 28, 2021

  Mr. Lankford (for himself, Mr. Inhofe, Mr. Risch, Mr. Barrasso, Mr. 
 Moran, Mr. Thune, Mr. Cornyn, Mr. Cruz, Mr. Tillis, Mr. Boozman, Ms. 
  Lummis, Mr. Rounds, Mr. Rubio, Mr. Cotton, Ms. Ernst, Mr. Scott of 
 South Carolina, Mr. Marshall, Mr. Cramer, Mr. Daines, Mr. Braun, Mr. 
   Scott of Florida, Mrs. Hyde-Smith, and Mr. Hawley) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
  To amend title XIX of the Social Security Act to allow for greater 
State flexibility with respect to excluding providers who are involved 
                             in abortions.

    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 ``Women's Public Health and Safety 
Act''.

SEC. 2. INCREASING STATE FLEXIBILITY IN DETERMINING PARTICIPATION OF 
              PROVIDERS WHO PERFORM, OR PARTICIPATE IN THE PERFORMANCE 
              OF, ABORTIONS.

    Section 1902 of the Social Security Act (42 U.S.C. 1396a) is 
amended--
            (1) in subsection (a)(23), by striking ``subsection (g)'' 
        and inserting ``subsections (g) and (tt),''; and
            (2) by adding at the end the following new subsection:
    ``(tt) Rules With Respect to Determination of Participation of 
Providers Who Perform, or Participate in the Performance of, 
Abortions.--
            ``(1) In general.--Subject to paragraph (2), for purposes 
        of this title, a State, at its option, may establish criteria 
        with respect to the participation under the State plan (or a 
        waiver of such plan) of an institution, an agency, an entity, 
        or a person who performs, or participates in the performance 
        of, abortions.
            ``(2) Exception.--Paragraph (1) shall not apply to an 
        abortion--
                    ``(A) if the pregnancy is the result of an act of 
                rape or incest; or
                    ``(B) in the case where a woman suffers from a 
                physical disorder, physical injury, or physical illness 
                that would, as certified by a physician, place the 
                woman in danger of death unless an abortion is 
                performed, including a life-endangering physical 
                condition caused by or arising from the pregnancy 
                itself.
            ``(3) Definitions.--For purposes of this subsection, the 
        terms `institution', `agency', or `entity' mean the entire 
        legal institution, agency, or entity, or any part thereof, 
        including any institution, agency, or entity that controls, is 
        controlled by, or is under common control with such 
        institution, agency, or entity.''.
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