I 117th CONGRESS 2d Session H. R. 7418 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.

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 ) 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.