Current status is 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.

119th CONGRESS

1st Session

H. R. 1349

1. Short title
2. Excluding providers of certain abortion services from participation in the Medicare program

1. Short title

This Act may be cited as the "Women’s Protection in Telehealth Act".

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) Provision of abortion-inducing drugs - 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) Provision of abortion-inducing drugs - 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.

(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).

(5) Abortion-Inducing drug defined - 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.

119-HR1349

Women’s Protection in Telehealth Act

119th CONGRESS

1st Session

H. R. 1349

1. Short title

2. Excluding providers of certain abortion services from participation in the Medicare program