[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2328 Introduced in House (IH)]

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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).''.
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