Women’s Protection in Telehealth Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8284 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 8284

 To amend title XI of the Social Security Act to exclude providers of 
 certain abortion services from participation in the Medicare program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2024

Mr. Steube (for himself, Mr. Duncan, Mrs. Lesko, Mr. Crenshaw, and Mr. 
  Davidson) introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committee on Energy 
    and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend title XI of the Social Security Act to exclude providers of 
 certain abortion services from participation in the Medicare program.

    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 ``Women's Protection in Telehealth 
Act''.

SEC. 2. EXCLUDING PROVIDERS OF CERTAIN ABORTION SERVICES FROM 
              PARTICIPATION IN THE MEDICARE PROGRAM.

    Section 1128 of the Social Security Act (42 U.S.C. 1320a-7) is 
amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``(or, in the case of individuals and 
                entities described in paragraph (5), from participation 
                in the Medicare program under title XVIII)'' after 
                ``(as defined in section 1128B(f))''; and
                    (B) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) Provision of abortion-inducing drugs.--Any individual 
        or entity that, on or after the date of the enactment of this 
        paragraph, prescribes, administers, dispenses, or furnishes an 
        abortion-inducing drug to a patient, unless such individual or 
        entity--
                    ``(A) is a physician;
                    ``(B) physically examines the patient;
                    ``(C) is physically present in the same room with 
                the patient at the time the patient is administered, 
                takes, or uses (as applicable) such drug; and
                    ``(D) schedules an in-person follow-up visit for 
                the patient to occur not more than 14 days after the 
                patient is administered, takes, or uses (as applicable) 
                such drug.''; and
            (2) in subsection (c)(3)--
                    (A) in subparagraph (A), by striking ``subsection 
                (b)(12)'' and inserting ``subsection (a)(5) or 
                (b)(12)'';
                    (B) in subparagraph (B), by striking ``subparagraph 
                (G)'' and inserting ``subparagraphs (G) and (H)'';
                    (C) in subparagraph (G), by inserting ``(other than 
                under paragraph (5) of such subsection)'' after 
                ``subsection (a)''; and
                    (D) by adding at the end the following new 
                subparagraph:
    ``(H) In the case of an exclusion under subsection (a)(5), the 
exclusion shall be permanent.'';
            (3) in subsection (d), by adding at the end the following 
        new paragraph:
    ``(4) The provisions of this subsection shall not apply in the case 
of an exclusion under subsection (a)(5).'';
            (4) in subsection (g), by adding at the end the following 
        new paragraph:
    ``(4) The provisions of this subsection shall not apply in the case 
of an exclusion under subsection (a)(5).''; and
            (5) by adding at the end the following new subsection:
    ``(k) Abortion-Inducing Drug Defined.--
            ``(1) In general.--For purposes of subsection (a), the term 
        `abortion-inducing drug' means any medicine, drug, or any other 
        substance that is prescribed, administered, dispensed, or 
        furnished with the intent of terminating the clinically 
        diagnosable pregnancy of a woman and with knowledge that the 
        termination will with reasonable likelihood cause the death of 
        the unborn child (including the off-label use of any such 
        drug).
            ``(2) Unborn child.--The term `unborn child' has the 
        meaning given such term in section 1841 of title 18, United 
        States Code.''.
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