IIB
114th CONGRESS
2d Session
H. R. 3495
IN THE SENATE OF THE UNITED STATES
September 30, 2015
Received
July 14, 2016
Read twice and referred to the Committee on Finance
AN ACT
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.
Short title
This Act may be cited as the Women’s Public Health and Safety Act
.
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—
in subsection (a)(23), by striking subsection (g)
and inserting subsection (g), subsection (ll),
; and
by adding at the end the following new subsection:
Rules with respect to determination of participation of providers who perform, or participate in the performance of, abortions
In general
Beginning October 1, 2015, 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 under a waiver of the plan) of an institution, agency, entity, or person who performs, or participates in the performance of, abortions.
Exception
Paragraph (1) shall not apply to an abortion—
if the pregnancy is the result of an act of rape or incest; or
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.
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.
.
Passed the House of Representatives September 29, 2015.
Karen L. Haas,
Clerk