Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB15 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	II
2	2	118THCONGRESS
3	3	1
4	4	STSESSION S. 15
5	5	To amend title XIX of the Social Security Act and the Public Health Service
6	6	Act to improve the reporting of abortion data to the Centers for Disease
7	7	Control and Prevention, and for other purposes.
8	8	IN THE SENATE OF THE UNITED STATES
9	9	JANUARY23 (legislative day, JANUARY3), 2023
10	10	Ms. E
11	11	RNST(for herself, Mr. LANKFORD, Mrs. HYDE-SMITH, Mrs. BLACK-
12	12	BURN, Mr. DAINES, Mr. CRUZ, Mr. CRAMER, Mr. HOEVEN, Mr.
13	13	H
14	14	AWLEY, Mr. COTTON, Mr. SCOTTof Florida, Mr. BRAUN, Mr.
15	15	H
16	16	AGERTY, Mrs. FISCHER, Mr. VANCE, and Mr. THUNE) introduced the
17	17	following bill; which was read twice and referred to the Committee on Fi-
18	18	nance
19	19	A BILL
20	20	To amend title XIX of the Social Security Act and the
21	21	Public Health Service Act to improve the reporting of
22	22	abortion data to the Centers for Disease Control and
23	23	Prevention, and for other purposes.
24	24	Be it enacted by the Senate and House of Representa-1
25	25	tives of the United States of America in Congress assembled, 2
26	26	SECTION 1. SHORT TITLE. 3
27	27	This Act may be cited as the ‘‘Ensuring Accurate and 4
28	28	Complete Abortion Data Reporting Act of 2023’’. 5
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32	32	SEC. 2. FINDINGS. 1
33	33	Congress finds the following: 2
34	34	(1) Reporting abortion data has been voluntary 3
35	35	in the past, which has not resulted in complete data 4
36	36	being submitted to the Centers for Disease Control 5
37	37	and Prevention. 6
38	38	(2) While the Centers for Disease Control and 7
39	39	Prevention requests specific data points from each 8
40	40	State and the District of Columbia, there is a great 9
41	41	variety in the information collected and published by 10
42	42	the States. 11
43	43	(3) In fact, there is not a single abortion data 12
44	44	point publicly reported for all 50 States and the Dis-13
45	45	trict of Columbia. 14
46	46	(4) Even more alarming, 3 States that together 15
47	47	account for 15 percent of the United States popu-16
48	48	lation of women of childbearing age do not report 17
49	49	any abortion data to the Centers for Disease Control 18
50	50	and Prevention. 19
51	51	(5) Accurate statistical data regarding abortion 20
52	52	and those who survive abortion attempts is critical 21
53	53	to public health and policy analysis. 22
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57	57	SEC. 3. MEDICAID PAYMENTS FOR CERTAIN FAMILY PLAN-1
58	58	NING SERVICES AND SUPPLIES CONTINGENT 2
59	59	ON SUBMISSION OF ABORTION DATA TO CDC. 3
60	60	Section 1903 of the Social Security Act (42 U.S.C. 4
61	61	1396b) is amended— 5
62	62	(1) in subsection (a)(5), by inserting before ‘‘an 6
63	63	amount equal to’’ the following: ‘‘subject to sub-7
64	64	section (cc),’’; and 8
65	65	(2) by adding at the end the following new sub-9
66	66	section: 10
67	67	‘‘(cc) A
68	68	NNUALREPORTS ONABORTIONDATA.— 11
69	69	‘‘(1) I
70	70	N GENERAL.—Subject to paragraph (2), 12
71	71	as a condition of receiving payment under subsection 13
72	72	(a)(5) with respect to any amount expended during 14
73	73	a year (beginning with the year following 2 years 15
74	74	after the date of the enactment of this subsection) 16
75	75	for family planning services and supplies described 17
76	76	in section 1905(a)(4)(C) furnished to an individual 18
77	77	described in section 1902(ii) or an individual whose 19
78	78	medical assistance under this title is limited to such 20
79	79	services and supplies furnished pursuant to a waiver 21
80	80	granted under section 1115, each State shall, by not 22
81	81	later than December 31 of the previous year, submit 23
82	82	to the abortion surveillance system of the Centers 24
83	83	for Disease Control and Prevention, with respect to 25
84	84	the year before the previous year, at least abortion 26
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88	88	data regarding the mandatory questions described in 1
89	89	section 317V(a)(3)(A) of the Public Health Service 2
90	90	Act. 3
91	91	‘‘(2) L
92	92	ATE SUBMISSION OF REPORTS .—With re-4
93	93	spect to a year, in the case of a State that does not 5
94	94	submit by December 31 of the previous year the 6
95	95	abortion data required under paragraph (1) with re-7
96	96	spect to the year before the previous year but sub-8
97	97	mits such data by December 31 of the year, such 9
98	98	State shall continue to receive payment, including 10
99	99	retroactive payment, under subsection (a)(5) with 11
100	100	respect to any amount expended during the year for 12
101	101	family planning services and supplies described in 13
102	102	section 1905(a)(4)(C) furnished to an individual de-14
103	103	scribed in such paragraph. 15
104	104	‘‘(3) C
105	105	ERTIFICATION OF ABORTION DATA .— 16
106	106	‘‘(A) I
107	107	N GENERAL.—With respect to each 17
108	108	submission of abortion data under this sub-18
109	109	section, a State shall certify to the Director of 19
110	110	the Centers for Disease Control and Prevention 20
111	111	that such data is accurate. 21
112	112	‘‘(B) F
113	113	ALSE INFORMATION .—In the case 22
114	114	that the Director of the Centers for Disease 23
115	115	Control and Prevention determines that a State 24
116	116	has knowingly provided false information with 25
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120	120	respect to a submission of abortion data under 1
121	121	this subsection, such State may not receive pay-2
122	122	ment under subsection (a)(5) with respect to 3
123	123	any amount expended during the first full fiscal 4
124	124	year following such determination for family 5
125	125	planning services and supplies described in sec-6
126	126	tion 1905(a)(4)(C) furnished to an individual 7
127	127	described in paragraph (1).’’. 8
128	128	SEC. 4. COLLECTION OF ABORTION DATA BY CDC. 9
129	129	Part B of title III of the Public Health Service Act 10
130	130	(42 U.S.C. 243 et seq.) is amended by inserting after sec-11
131	131	tion 317V the following: 12
132	132	‘‘SEC. 317W. ABORTION DATA. 13
133	133	‘‘(a) I
134	134	NGENERAL.—The Secretary, acting through 14
135	135	the Director of the Centers for Disease Control and Pre-15
136	136	vention, shall— 16
137	137	‘‘(1) maintain a surveillance system to collect 17
138	138	aggregate data in a standardized format on abor-18
139	139	tions in the United States; 19
140	140	‘‘(2) as part of such system, create a standard 20
141	141	worksheet to collect data from States on abortions in 21
142	142	the respective States, which— 22
143	143	‘‘(A) shall, at a minimum, include ques-23
144	144	tions on the variables listed in subsection (b), to 24
145	145	be treated as mandatory questions for purposes 25
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149	149	of section 1903(cc) of the Social Security Act; 1
150	150	and 2
151	151	‘‘(B) may include such additional questions 3
152	152	on abortion as the Secretary determines to be 4
153	153	appropriate, to be treated as voluntary ques-5
154	154	tions; 6
155	155	‘‘(3) as part of such system, allow for cross-tab-7
156	156	ulation of the variables listed in subsection (b), in-8
157	157	cluding cross-tabulation of maternal age by gesta-9
158	158	tional age; race and ethnicity by gestational age; 10
159	159	type of abortion procedure by gestational age; race 11
160	160	and ethnicity by maternal age; and race and eth-12
161	161	nicity by marital status; and 13
162	162	‘‘(4) periodically update the questions in the 14
163	163	worksheet under paragraph (2), including the classi-15
164	164	fication of such questions as mandatory or vol-16
165	165	untary. 17
166	166	‘‘(b) V
167	167	ARIABLES.—The variables listed in this sub-18
168	168	section are the following: 19
169	169	‘‘(1) Maternal age in years. 20
170	170	‘‘(2) Gestational age in completed weeks at the 21
171	171	time of abortion. 22
172	172	‘‘(3) Maternal race. 23
173	173	‘‘(4) Maternal ethnicity. 24
174	174	‘‘(5) Maternal race by ethnicity. 25
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178	178	‘‘(6) The abortion method type. 1
179	179	‘‘(7) Maternal marital status. 2
180	180	‘‘(8) Previous pregnancies of the mother, in-3
181	181	cluding the number of previous live births, the num-4
182	182	ber of previous induced abortions, and the number 5
183	183	of previous spontaneous abortions. 6
184	184	‘‘(9) Maternal residence (limited to county and 7
185	185	State). 8
186	186	‘‘(10) Whether the child survived the abortion. 9
187	187	‘‘(c) T
188	188	ECHNICALASSISTANCE.—The Secretary shall 10
189	189	provide technical assistance to States to facilitate and im-11
190	190	prove the reporting of data to the system under subsection 12
191	191	(a). 13
192	192	‘‘(d) A
193	193	NNUALREPORTING.—The Secretary shall— 14
194	194	‘‘(1) issue an annual report on abortion, which 15
195	195	shall include the data collected pursuant to this sec-16
196	196	tion; and 17
197	197	‘‘(2) publish such report not later than Decem-18
198	198	ber 30 of the third calendar year following the cal-19
199	199	endar year covered by the report.’’. 20
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