United States 117th Congress Status: Died 2 R cosponsors

HR 7418 — Candace Owens Act

Last action — Referred to the Subcommittee on Health.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Candace Owens Act This bill excludes health care providers from federal health care programs (e.g., Medicare) and federally funded state health care programs (e.g., Medicaid) for one year if they fail to furnish services to a patient based on the patient's political statements. Providers are subject to two-year exclusions for actions that cause a patient to be in violation of a public health emergency.

Bill Text

Sections of law this bill changes

1 section in 1 law

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-124).

Social security · 42 U.S.C. ch. 7 1 section
  • § 1320a-7 Exclusion of certain individuals and entities from participation in Medicare and State health care programs Amends

    42 U.S.C. § 1320a-7

    The law today

    (a) Mandatory exclusion The Secretary shall exclude the following individuals and entities from participation in any Federal health care program (as defined in section 1320a–7b(f) of this title): (1) Conviction of program-related crimes Any individual or entity that has been convicted of a criminal offense related to the delivery of an item or service under subchapter XVIII or under any State health care program. (2) Conviction relating to patient abuse Any individual or entity that has been convicted, under Federal or State law, of a criminal offense relating to neglect or abuse of patients in connection with the delivery of a health care item or service. (3) Felony conviction relating to health care fraud Any individual or entity that has been convicted for an offense which occurred after August 21, 1996, under Federal or State law, in connection with the delivery of a health care item or service or with respect to any act or omission in a health care program (other than those specifically described in paragraph (1)) operated by or financed in whole or in part by any Federal, State, or local government agency, of a criminal offense consisting of a felony relating to fraud, theft, embezzlement, breach of fiduciary responsibility, or other financial misconduct. (4) Felony conviction relating to controlled substance Any individual or entity that has been convicted for an offense which occurred after August 21, 1996, under Federal or State law, of a criminal offense consisting of a felony relating to the unlawful manufacture, distribution, prescription, or dispensing of a controlled substance. (b) Permissive exclusion The Secretary may exclude the following individuals and entities from participation in any Federal health care program (as defined in section 1320a–7b(f) of this title): (1) Conviction relating to fraud Any individual or entity that has been convicted for an offense which occurred after August 21, 1996, under Federal or State law— (A) of a criminal offense consisting of a misdemeanor relating to fraud, theft, embezzlement, breach of fiduciary responsibility, or other financial misconduct— (i) in connection with the delivery of a health care item or service, or (ii) with respect to any act or omission in a health care program (other than those specifically described in subsection (a)(1)) operated by or financed in whole or in part by any Federal, State, or local government agency; or (B) of a criminal offense relating to fraud, theft, embezzlement, breach of fiduciary responsibility, or other financial misconduct with respect to any act or omission in a program (other than a health care program) operated by or financed in whole or in part by any Federal, State, or local government agency. (2) Conviction relating to obstruction of an investigation or audit Any individual or entity that has been convicted, under Federal or State law, in connection with the interference with or obstruction of any investigation or audit related to— (i) any offense described in paragraph (1) or in subsection (a); or (ii) the use of funds received, directly or indirectly, from any Federal health care program (as defined in section 1320a–7b(f) of this title). (3) Misdemeanor conviction relating to controlled substance Any individual or entity that has been convicted, under Federal or State law, of a criminal offense consisting of a misdemeanor relating to the unlawful manufacture, distribution, prescription, or dispensing of a controlled substance. (4) License revocation or suspension Any individual or entity— (A) whose license to provide health care has been revoked or suspended by any State licensing authority, or who otherwise lost such a license or the right to apply for or renew such a license, for reasons bearing on the individual’s or entity’s professional competence, professional performance, or financial integrity, or (B) who surrendered such a license while a formal disciplinary proceeding was pending before such an authority ...

    26 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

Also cites: 18 U.S.C. § 16

How this bill changes current law

4 changes Share ↗

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

The bill amends the Social Security Act to prohibit discrimination in health programs based on certain political statements and establishes exclusions for entities that violate this prohibition.

  • 42 U.S.C. 1320a-7

    (5) Failure to provide care based on covered statement.-- (A) In general.--Any individual or entity that the Secretary determines has failed to furnish items or services to a patient based on a covered statement (as defined in subsection (k)) made by such patient. (B) Enforcement.--Not later than 6 months after the date of enactment of this paragraph, the Secretary shall establish a process under which the Office of Civil Rights of the Department of Health and Human Services shall investigate a claim of failure to provide care based on a covered statement (as described in subparagraph (A)).

    This change introduces a new exclusion for entities that refuse care based on a patient's political statements.

  • 42 U.S.C. 1320a-7

    subparagraph (G) → subparagraphs (G) and (H)

    This amendment expands the list of subparagraphs in subsection (c)(3), adding the new subparagraph (H) related to exclusions based on political statements.

  • 42 U.S.C. 1320a-7

    (H)(i) Subject to clause (ii), in the case of an exclusion of an individual or entity under subsection (a)(5), the period of such exclusion from a Federal health program and a State health program shall be not less than 1 year. (ii) In the case of an exclusion of an individual or entity under subsection (a)(5), if such failure to furnish items or services causes a patient to be in violation of a public health emergency declared under section 319 of the Public Health Service Act, the period of the exclusion from a Federal health program and a State health program shall be not less than 2 years.

    This addition establishes minimum exclusion periods for entities found to have discriminated based on political statements, with longer exclusion for cases related to public health emergencies.

  • 42 U.S.C. 1320a-7

    (k) Definitions.--For purposes of subsection (a)(5): (1) Affiliated organization.--The term `affiliated organization' means an organization that is operated, supervised, or controlled by or in connection with a political party. (2) Covered statement.-- (A) In general.--Subject to subparagraph (B), the term `covered statement' means a written or oral statement that-- (i) expresses support of, or endorses, a national political party, State political party, or an affiliated organization; (ii) expresses support of, or affiliation with, a special interest group that may have a political message; or (iii) denigrates, disagrees with, or disparages the political views of a national political party, a State political party, an affiliated organization, or a special interest group that may have a political message. (B) Exception.--A `covered statement' does not include the following: (i) A crime of violence (as such term is defined in section 16 of title 18, United States Code). (ii) Harassment. (iii) Incitement of violence or harassment. (3) Harassment.--The term `harassment' means the targeting of an individual or entity with behavior meant to alarm, annoy, torment, or terrorize such individual or entity, including by directing abuse towards groups protected under title VII of the Civil Rights Act of 1964, in a manner that causes such individual or entity to feel reasonable fear for the safety of such individual or entity, or the family or property of such individual or entity. (4) Incitement.--The term `incitement' means the urging of an individual to commit a criminal offense under Federal or State law. (5) Special interest group.--The term `special interest group' means an organization with a political, cultural, or religious message that is not operated, supervised, or controlled by a political party.

    This section defines key terms relevant to the new prohibition on discrimination based on political statements in health programs.

Action History

  1. Referred to the Subcommittee on Health.

  2. Introduced in House

  3. Introduced in House

  4. Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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.

  5. Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 545 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (545)

545 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HR 7418 do?
Candace Owens Act This bill excludes health care providers from federal health care programs (e.g., Medicare) and federally funded state health care programs (e.g., Medicaid) for one year if they fail to furnish services to a patient based on the patient's political statements. Providers are subject to two-year exclusions for actions that cause a patient to be in violation of a public health emergency.
Who sponsors HR 7418?
HR 7418 is sponsored by Cawthorn, Madison (Republican) and Gohmert, Louie (Republican).
What is the current status of HR 7418?
This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 7418?
Track HR 7418 free on One Click Politics — get push/email alerts when it moves.

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