S 3500 — Ensuring Accurate and Complete Abortion Data Reporting Act of 2022

Summary

Ensuring Accurate and Complete Abortion Data Reporting Act of 2022 This bill requires states, as a condition of federal payment under Medicaid for family planning services, to report certain abortion data to the Centers for Disease Control and Prevention (CDC). (Currently, reporting is voluntary.) The CDC must develop standardized questions for states with respect to specified variables (e.g., maternal demographics and methods of abortion).

Bill Text

• Introduced Introduced in Senate Current html January 13, 2022

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill adds requirements for States to report abortion data to receive certain Medicaid payments.

• 42 U.S.C. 1396b

  subject to subsection (cc),

  This change introduces a condition for receiving Medicaid payments related to abortion data reporting.

• 42 U.S.C. 1396b

  (cc) Annual Reports on Abortion Data.-- (1) In general.--Subject to paragraph (2), as a condition of receiving payment under subsection (a)(5) with respect to any amount expended during a year (beginning with the year following 2 years after the date of the enactment of this subsection) for family planning services and supplies described in section 1905(a)(4)(C) furnished to an individual described in section 1902(ii) or an individual whose medical assistance under this title is limited to such services and supplies furnished pursuant to a waiver granted under section 1115, each State shall, by not later than December 31 of the previous year, submit to the abortion surveillance system of the Centers for Disease Control and Prevention, with respect to the year before the previous year, at least abortion data regarding the mandatory questions described in section 317V(a)(3)(A) of the Public Health Service Act.

  This provision requires states to report specific abortion data to the CDC to qualify for Medicaid payments related to family planning.

• 42 U.S.C. 1396b

  (2) Late submission of reports.--With respect to a year, in the case of a State that does not submit by December 31 of the previous year the abortion data required under paragraph (1) with respect to the year before the previous year but submits such data by December 31 of the year, such State shall continue to receive payment, including retroactive payment, under subsection (a)(5) with respect to any amount expended during the year for family planning services and supplies described in section 1905(a)(4)(C) furnished to an individual described in such paragraph.

  States that submit their abortion data late can still receive Medicaid payments for family planning services.

• 42 U.S.C. 1396b

  (3) Certification of abortion data.-- (A) In general.--With respect to each submission of abortion data under this subsection, a State shall certify to the Director of the Centers for Disease Control and Prevention that such data is accurate. (B) False information.--In the case that the Director of the Centers for Disease Control and Prevention determines that a State has knowingly provided false information with respect to a submission of abortion data under this subsection, such State may not receive payment under subsection (a)(5) with respect to any amount expended during the first full fiscal year following such determination for family planning services and supplies described in section 1905(a)(4)(C) furnished to an individual described in paragraph (1).

  States must certify the accuracy of their abortion data submissions, with penalties for providing false information.

Action History

1. January 13, 2022

   Introduced in Senate

2. January 13, 2022

   Read twice and referred to the Committee on Finance.

Sponsors

• Joni Ernst · Primary

Subjects