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H.R. 3495 (114th): Women’s Public Health and Safety Act

The text of the bill below is as of Jul 14, 2016 (Referred to Senate Committee). The bill was not enacted into law.

Summary of this bill

This bill would give states the ability to end their funding to Planned Parenthood. H.R. 3495 would do this by allowing states to exclude health care providers that perform abortions from participating in that state’s Medicaid program. States would not be given this authority if the abortion was performed in the cases of rape, incest, or danger to the health of the mother.

The bill passed the House by a partisan vote of 236–193. The White House has threatened to veto the bill.

Current law prohibits federal funding from being spent to perform most abortions, with exceptions listed above. However, the law does not prohibit health care providers from …



2d Session

H. R. 3495


September 30, 2015


July 14, 2016

Read twice and referred to the Committee on Finance


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.


Short title

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


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—


in subsection (a)(23), by striking subsection (g) and inserting subsection (g), subsection (ll),; and


by adding at the end the following new subsection:


Rules with respect to determination of participation of providers who perform, or participate in the performance of, abortions


In general

Beginning October 1, 2015, 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 under a waiver of the plan) of an institution, agency, entity, or person who performs, or participates in the performance of, abortions.



Paragraph (1) shall not apply to an abortion—


if the pregnancy is the result of an act of rape or incest; or


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.



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.


Passed the House of Representatives September 29, 2015.

Karen L. Haas,