S. 471 — Introduced in Senate

II 118th CONGRESS 1st Session S. 471 IN THE SENATE OF THE UNITED STATES February 16, 2023Mr. Lankford (for himself, Mr. Hawley, Mr. Cruz, Mr. Risch, Mr. Braun, Mr. Daines, Mr. Scott of Florida, Mrs. Hyde-Smith, Mr. Thune, Mr. Mullin, Mr. Marshall, and Mr. Tillis) 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. 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), as amended by section 5131 of the Health Extenders, Improving Access to Medicare, Medicaid, and CHIP, and Strengthening Public Health Act of 2022, is amended— (1) in subsection (a)(23), by striking subsection (g) and inserting subsections (g) and (uu),; and (2) by adding at the end the following new subsection: (uu) 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. .