I 118th CONGRESS 1st Session H. R. 445 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.

1. Short title This Act may be cited as the HHS Reproductive and Sexual Health Ombuds Act of 2023 . 2. Ombuds for Reproductive and Sexual Health (a) In general (1) Position established There shall be within the Department of Health and Human Services (in this section referred to as the Department ) an Ombuds for Reproductive and Sexual Health (in this section referred to as the Ombuds ). (2) Qualifications To be eligible to be appointed as the Ombuds, an individual shall, prior to such appointment, have expertise in sexual and reproductive health and demonstrated commitment to the provision of specified health care services, including 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 Secretary shall take appropriate action to ensure the independence of the Ombuds’s office from other officers or employees 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 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 Department of Health and Human Services about consumer 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 applicable 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 individuals can connect with— (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 medication abortions conducted outside formal medical settings. (6) To collect information regarding, and to address, reproductive and sexual health misinformation being disseminated to the public. (7) To coordinate with the Federal Trade Commission 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 Protection and Affordable Care Act ( 42 U.S.C. 18031(i) ) and other entities assisting individuals eligible to enroll 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 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, analysis, or release of any information or data, including in any reports issued under subsection (i). (g) Coordination with department components 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 public 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 submit to the Congress a report that— (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 Secretary determines is appropriate. (j) Definitions In this section: (1) The term health plans and programs refers 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 defined in section 2791 of the Public Health Service 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-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 relating to pregnancy and the termination of a pregnancy. (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 entities to provide to the Ombuds, individually identifiable information about individual patients, including protected health information (as defined in section 160.103 of title 45, Code of Federal Regulations (or successor regulations)) or individually identifiable health information (as defined in such section (or successor regulations)).