[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 445 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 445

  To establish within the Department of Health and Human Services an 
               Ombuds for Reproductive and Sexual Health.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 20, 2023

Ms. Williams of Georgia (for herself, Ms. Jacobs, Ms. Garcia of Texas, 
Ms. Escobar, and Ms. Lee of California) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To establish within the Department of Health and Human Services an 
               Ombuds for Reproductive and Sexual Health.

    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 ``HHS Reproductive and Sexual Health 
Ombuds Act of 2023''.

SEC. 2. OMBUDS FOR REPRODUCTIVE AND SEXUAL HEALTH.

    (a) In General.--
            (1) Position established.--There shall be within the 
        Department of Health and Human Services (in this section 
        referred to as the ``Department'') an Ombuds for Reproductive 
        and Sexual Health (in this section referred to as the 
        ``Ombuds'').
            (2) Qualifications.--To be eligible to be appointed as the 
        Ombuds, an individual shall, prior to such appointment, have 
        expertise in sexual and reproductive health and demonstrated 
        commitment to the provision of specified health care services, 
        including abortion and the care of LGBTQ+ individuals, 
        individuals belonging to a racial or ethnic minority, 
        individuals with disabilities, and individuals of low socio-
        economic status.
            (3) Reporting directly to secretary.--The Ombuds shall 
        report directly to the Secretary of Health and Human Services 
        (in this section referred to as the ``Secretary'').
    (b) Organizational Independence.--The Secretary shall take 
appropriate action to ensure the independence of the Ombuds's office 
from other officers or employees of the Department engaged in 
reproductive and sexual health activities.
    (c) Staffing.--The Secretary shall take appropriate action to 
ensure that the Ombuds's office is sufficiently staffed and resourced 
to carry out its duties effectively and efficiently.
    (d) Functions.--The functions of the Ombuds shall be as follows:
            (1) To educate the public on specified health care 
        services, including by making evidence-based, medically 
        accurate educational materials available to the public.
            (2) To analyze data collected by the Department of Health 
        and Human Services about consumer access to specified health 
        care services.
            (3) In coordination with the Secretary of Labor, the 
        Secretary of the Treasury, and State insurance commissioners 
        (or their designees within the applicable agency), to--
                    (A) gather information about benefits for specified 
                health care services under health plans and programs 
                specified under subsection (j)(1); and
                    (B) provide an analysis of any gaps in such 
                coverage.
            (4) To disseminate information about how individuals can 
        connect with--
                    (A) health care providers receiving Federal funds 
                under title X of the Public Health Service Act (42 
                U.S.C. 300 et seq.);
                    (B) abortion funds; and
                    (C) other clinics that provide specified health 
                care services.
            (5) To provide the public with evidence-based and medically 
        accurate information related to medication abortions conducted 
        outside formal medical settings.
            (6) To collect information regarding, and to address, 
        reproductive and sexual health misinformation being 
        disseminated to the public.
            (7) To coordinate with the Federal Trade Commission to 
        collect information about, and address consumer protection and 
        data privacy concerns on, the provision of any services 
        relating to reproductive and sexual health.
            (8) In coordination with entities receiving grants under 
        section 1311(i) of the Patient Protection and Affordable Care 
        Act (42 U.S.C. 18031(i)) and other entities assisting 
        individuals eligible to enroll in qualified health plans (as 
        defined in section 1301(a) of such Act (42 U.S.C. 18021(a))) 
        through an Exchange established pursuant to title I of such 
        Act, to promote awareness of the availability of such plans and 
        the benefits under such plans for specified health care 
        services.
    (e) Request for Investigations.--The Ombuds may request the 
Inspector General of the Department to conduct inspections, 
investigations, and audits related to any of the functions under 
subsection (d).
    (f) Protection of Information.--The Ombuds shall comply with all 
applicable Federal privacy laws (and the regulations issued thereunder) 
in the collection, analysis, or release of any information or data, 
including in any reports issued under subsection (i).
    (g) Coordination With Department Components.--Not later than 60 
days after a request from the Ombuds to the Secretary for records of 
the Department necessary to execute the functions of the Ombuds under 
subsection (d), the Secretary shall establish procedures to provide the 
Ombuds access to all such records.
    (h) Public Outreach.--The Secretary shall take all appropriate 
actions to advise and engage with the public regarding the existence, 
authorities, and duties of the Ombuds and the Ombuds's office.
    (i) Annual Reporting.--Not later than June 30, 2023, and each June 
30 thereafter, the Ombuds shall submit to the Congress a report that--
            (1) evaluates the efforts of the Ombuds (or the Secretary, 
        as applicable) with respect to each of the functions specified 
        in subsection (d); and
            (2) contains such other information as the Secretary 
        determines is appropriate.
    (j) Definitions.--In this section:
            (1) The term ``health plans and programs'' refers to any of 
        the following:
                    (A) Each Federal health care program (as defined in 
                section 1128B of the Social Security Act (42 U.S.C. 
                1320a-7b) but including the program established under 
                chapter 89 of title 5, United States Code).
                    (B) Health insurance coverage offered in the large 
                group market (as such terms are defined in section 2791 
                of the Public Health Service Act (42 U.S.C. 300gg-91)).
                    (C) Health insurance coverage offered in the small 
                group market (as so defined).
                    (D) Health insurance coverage offered in the 
                individual market (as so defined).
                    (E) Self-insured group health plans.
            (2) The term ``reproductive and sexual health 
        misinformation'' includes any information relating to 
        reproductive and sexual health that is not evidence-based or 
        medically accurate, including inaccuracy in the provision of 
        any related services.
            (3) The term ``specified health care services'' means 
        evidence-based, medically accurate medical, surgical, 
        counseling, or referral services relating to reproductive and 
        sexual health, including services relating to pregnancy and the 
        termination of a pregnancy.
    (k) Rule of Construction.--Nothing in this Act shall be construed 
as authorizing the Ombuds to collect, or as requiring other Federal, 
State, local, or private entities to provide to the Ombuds, 
individually identifiable information about individual patients, 
including protected health information (as defined in section 160.103 
of title 45, Code of Federal Regulations (or successor regulations)) or 
individually identifiable health information (as defined in such 
section (or successor regulations)).
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