H.R. 188House117th Congress (2021-2023)In Committee

Women’s Public Health and Safety Act

Introduced January 5, 2021

AI-Generated Summary

Updated February 7, 2026 at 9:09 PM UTC

The Women’s Public Health and Safety Act amends Title XIX of the Social Security Act to give states more leeway in deciding whether health providers who perform or help with abortions can participate in state Medicaid plans. States may set their own criteria to exclude such providers, but the rule does not apply when the abortion is needed because of rape, incest, or a serious health risk to the woman. The changes affect Medicaid programs and any health providers that might be excluded under state decisions.

Key Provisions

  • Amends Section 1902(a)(23) to add a new subsection (tt) that lets states establish criteria for excluding providers involved in abortions from Medicaid participation.
  • Specifies that the exclusion rule does not apply to abortions performed due to rape, incest, or when a physician certifies the woman's life is in danger.
  • Defines “institution,” “agency,” and “entity” to include the whole organization and any related controlled entities.

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Health.

February 2, 2021

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HouseIntro Referral

Introduced in House

January 5, 2021

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

January 5, 2021

HouseCommittee

Referred to the Subcommittee on Health.

February 2, 2021

Floor Debate

11 members

What members said about H.R. 188 on the floor

3 Republicans8 Democrats
Mary Gay Scanlon
Rep. Mary Gay ScanlonD-PA-5 · May 18, 2021

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 403 and ask for its immediate consideration. Madam Speaker, for the purpose of debate only, I yield the customary 30…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · May 18, 2021

Madam Speaker, I thank the manager for her leadership. I also thank all of those on the floor who understand the indignity of massacres, racism, and devastating histories that our country has faced.…

Brian J. Mast
Rep. Brian J. MastR-FL-18 · May 18, 2021

Madam Speaker, I thank the gentlewoman for yielding. Why at this time should we come together bipartisanly on this vote? That is the question that I am going to attempt to answer. Members of this…

Michelle Fischbach
Rep. Michelle FischbachR-MN-7 · May 18, 2021

Madam Speaker, I thank the Representative from Pennsylvania for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Madam Speaker, we are here today to debate the…

Henry C. "Hank" Johnson, Jr.
Rep. Henry C. "Hank" Johnson, Jr.D-GA-4 · May 18, 2021

Madam Speaker, 100 years ago this month, hundreds of Black men, women, and children were brutally terrorized, brutalized, and murdered in a massacre in the Greenwood district of Tulsa, Oklahoma.…

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James E. Clyburn
Rep. James E. ClyburnD-SC-6 · May 18, 2021

Madam Speaker, I rise today to urge unanimous support for H. Res. 398, recognizing the 100th anniversary of the 1921 Tulsa Race Massacre. As a former history teacher, I often quote George Santayana,…

Doris O. Matsui
Rep. Doris O. MatsuiD-CA-6 · May 18, 2021

Madam Speaker, I thank the gentlewoman for yielding. Madam Speaker, I rise today in support of the rule providing for consideration of Representative Chu's resolution condemning the horrific…

Carlos A. Gimenez
Rep. Carlos A. GimenezR-FL-26 · May 18, 2021

Madam Speaker, I rise in opposition to the previous question and, if defeated, I urge my colleagues to adopt H.R. 261 by my friend and colleague, Representative Brian Mast. This legislation places…

Danny K. Davis
Rep. Danny K. DavisD-IL-7 · May 18, 2021

Madam Speaker, I want to thank Representative Sheila Jackson Lee for reminding us what a difference 100 years make. But, you know, 100 years or so ago, there was a race riot in Searcy, Arkansas.…

Steven Horsford
Rep. Steven HorsfordD-NV-4 · May 18, 2021

Madam Speaker, I rise in support of H. Res. 398, the resolution recognizing the forthcoming centennial of the 1921 Tulsa Race Massacre. One hundred years ago, the city of Tulsa, Oklahoma, was home to…

Al Green
Rep. Al GreenD-TX-9 · May 18, 2021

Madam Speaker, the great writer and intellectual Carlyle was right, ``No lie can live forever.'' Kill 300 people? No lie can live forever. Destroy an entire business district? Try to hide it? No lie…

Bill Text

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Introduced in HouseIssued January 5, 2021

I

117th CONGRESS

1st Session

H. R. 188

IN THE HOUSE OF REPRESENTATIVES

January 5, 2021

Mr. Cloud (for himself, Mr. Mooney, Mr. Tiffany, Mr. Mullin, Mr. Gaetz, Mr. Rouzer, Mr. Allen, Mr. Biggs, Mr. Kelly of Mississippi, Mr. Waltz, Mr. Banks, Mr. Gosar, Mr. Williams of Texas, Mr. Joyce of Pennsylvania, Mr. Lamborn, Mr. Timmons, Mr. Chabot, Mr. Budd, Mr. Duncan, Mr. Norman, Mr. LaMalfa, Mr. Gallagher, Mr. Steube, Mr. Smith of New Jersey, Mr. Fulcher, Mr. Baird, Mr. Latta, Mr. Gohmert, Mr. Kustoff, Mr. Aderholt, Mr. Weber of Texas, Mr. McKinley, Mr. Grothman, Mr. Graves of Louisiana, Mrs. Hinson, and Mr. Wright) introduced the following bill; which was referred to the Committee on Energy and Commerce

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.

1.

Short title

This Act may be cited as the Women’s Public Health and Safety Act.

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 subsection (g), subsection (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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