Section 1 Short title
This Act may be cited as the “Protecting Infants Born Alive Act”.
Protecting Infants Born Alive Act
A BILL
To amend title XIX of the Social Security Act to provide greater clarity for States with respect to excluding providers whose actions a State suspects causes termination of fetuses born alive, and for other purposes.
Sec. 2 Clarifying States’ ability to exclude providers whose actions States suspect causes termination of fetuses born alive
Section 1902(a)(23) of the Social Security Act (42 U.S.C. 1396a(a)(23)) is amended by inserting before the semicolon at the end the following: “, or as requiring a State to provide medical assistance for such services furnished by a person or entity whose services or actions are suspected by the State of causing the termination of a human fetus who would be classified as an infant that is born alive under section 8 of title 1, United States Code”.
Sec. 3 Protecting patients by not providing Federal funding to providers who terminate fetuses born alive
Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended by inserting after paragraph (11) the following new paragraph:
“(12) with respect to amounts expended for medical assistance for items and services furnished by a person or entity who has terminated a human fetus who would be classified as an infant that is born alive under section 8 of title 1, United States Code;”
Sec. 4 Termination from participation in Federal health care programs of providers who terminate fetuses born alive
Section 1128(a) of the Social Security Act (42 U.S.C. 1320a–7(a)) is amended by adding at the end the following new paragraph:
“(5) Termination of born alive infant—Any individual or entity that has terminated a human fetus who would be classified as an infant that is born alive under section 8 of title 1, United States Code.”
Sec. 5 Effective date
The amendments made by this Act shall apply with respect to terminations occurring on or after the date of the enactment of this Act.