Prohibition of Medicaid Funding for Conversion Therapy Act
This bill prohibits state Medicaid programs from covering conversion therapy. The bill defines conversion therapy as any practice or treatment that seeks to change a person's sexual orientation or gender identity in exchange for monetary compensation.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2328 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2328
To amend title XIX of the Social Security Act to prohibit payments
under the Medicaid program for conversion therapy, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 1, 2021
Mr. Sean Patrick Maloney of New York (for himself, Mr. Auchincloss, Mr.
Aguilar, Ms. Barragan, Mrs. Beatty, Mr. Bera, Mr. Blumenauer, Ms.
Bonamici, Ms. Brownley, Ms. Bush, Mr. Carson, Ms. Chu, Mr. Cicilline,
Ms. Clark of Massachusetts, Mr. Cohen, Mr. Danny K. Davis of Illinois,
Ms. DeGette, Ms. DelBene, Mr. DeSaulnier, Mrs. Dingell, Mr. Michael F.
Doyle of Pennsylvania, Mr. Espaillat, Mr. Foster, Mr. Gallego, Mr.
Grijalva, Mrs. Hayes, Mr. Himes, Ms. Houlahan, Ms. Jackson Lee, Ms.
Jacobs of California, Ms. Jayapal, Mr. Johnson of Georgia, Mr. Jones,
Mr. Kahele, Mr. Kildee, Mr. Kilmer, Ms. Kuster, Mr. Larsen of
Washington, Mr. Larson of Connecticut, Ms. Lee of California, Mr. Levin
of California, Mr. Lieu, Mr. Lynch, Mrs. Carolyn B. Maloney of New
York, Ms. Manning, Ms. Matsui, Ms. McCollum, Mr. McNerney, Mr. Meeks,
Ms. Meng, Mr. Morelle, Ms. Moore of Wisconsin, Mr. Moulton, Mrs.
Napolitano, Ms. Newman, Ms. Norton, Mr. O'Halleran, Mr. Panetta, Mr.
Pascrell, Mr. Peters, Ms. Pingree, Mr. Pocan, Ms. Pressley, Mr. Raskin,
Ms. Ross, Ms. Roybal-Allard, Mr. Ryan, Ms. Sanchez, Ms. Scanlon, Ms.
Schakowsky, Mr. Schiff, Ms. Sewell, Ms. Speier, Mr. Swalwell, Mr.
Takano, Ms. Titus, Ms. Tlaib, Mr. Tonko, Mr. Torres of New York, Mrs.
Trahan, Ms. Wasserman Schultz, Mrs. Watson Coleman, Mr. Welch, Ms.
Wild, Ms. Wilson of Florida, and Mr. Yarmuth) 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 prohibit payments
under the Medicaid program for conversion therapy, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prohibition of Medicaid Funding for
Conversion Therapy Act''.
SEC. 2. PROHIBITION ON MEDICAID PAYMENTS FOR CONVERSION THERAPY.
(a) In General.--Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended--
(1) in subsection (a)--
(A) in paragraph (86), by striking ``and'' at the
end;
(B) in paragraph (87), by striking the period at
the end and inserting ``; and''; and
(C) by inserting after paragraph (87) the following
new paragraph:
``(88) provide that, beginning with the first day of the
first quarter that begins on or after the date of enactment of
this paragraph, no payment may be made under the plan with
respect to conversion therapy (as defined in subsection (tt))
furnished to an individual enrolled under the plan (or a waiver
of such plan).''; and
(2) by adding at the end the following new subsection:
``(tt) Conversion Therapy; Gender Identity; Person; Sexual
Orientation.--For purposes of subsection (a)(88) and this subsection:
``(1) Conversion therapy.--The term `conversion therapy'--
``(A) means any practice or treatment by any person
that seeks to change another individual's sexual
orientation or gender identity, including efforts to
change behaviors or gender expressions, or to eliminate
or reduce sexual or romantic attractions or feelings
toward individuals of the same gender, if such person
receives monetary compensation in exchange for any such
practice or treatment; and
``(B) does not include any practice or treatment,
which does not seek to change sexual orientation or
gender identity, that--
``(i) provides assistance to an individual
undergoing a gender transition; or
``(ii) provides acceptance, support, and
understanding of a client or facilitation of a
client's coping, social support, and identity
exploration and development, including sexual
orientation-neutral interventions to prevent or
address unlawful conduct or unsafe sexual
practices.
``(2) Gender identity.--The term `gender identity' means
the gender-related identity, appearance, mannerisms, or other
gender-related characteristics of an individual, regardless of
the individual's designated sex at birth.
``(3) Person.--The term `person' means any individual,
partnership, corporation, cooperative, association, or any
other entity.
``(4) Sexual orientation.--The term `sexual orientation'
means homosexuality, heterosexuality, or bisexuality.''.
(b) Conforming Amendment.--Section 1903(i) of the Social Security
Act (42 U.S.C. 1396b(i)) is amended--
(1) in paragraph (26), by striking ``or'' at the end;
(2) in paragraph (27), by striking the period at the end
and inserting ``; or''; and
(3) by inserting after paragraph (27) the following new
paragraph:
``(28) with respect to any amount expended for conversion
therapy (as defined in section 1902(tt)) on or after the date
described in section 1902(a)(88).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health.
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