S 2585 — Ensuring Accurate and Complete Abortion Data Reporting Act of 2019

Summary

Ensuring Accurate and Complete Abortion Data Reporting Act of 2019 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 September 26, 2019

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

The bill requires states to submit abortion data to the CDC as a condition for receiving certain Medicaid payments.

• 42 U.S.C. 1396b

  subject to subsection (bb),

  This addition introduces a condition on Medicaid payments related to the reporting of abortion data.

• 42 U.S.C. 1396b

  (bb) 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 two 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 317U(a)(3)(A) of the Public Health Service Act. (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. (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).

  This provision mandates states to report abortion data annually to the CDC in order to receive certain Medicaid funds.

• 42 U.S.C. 247b

  SEC. 317U. ABORTION DATA. (a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention shall-- (1) maintain a surveillance system to collect aggregate data in a standardized format on abortions in the United States; (2) as part of such system, create a standard worksheet to collect data from States on abortions in the respective States, which-- (A) shall, at a minimum, include questions on the variables listed in subsection (b), to be treated as mandatory questions for purposes of section 1903(bb) of the Social Security Act; and (B) may include such additional questions on abortion as the Secretary determines to be appropriate, to be treated as voluntary questions; and (3) as part of such system, allow for cross-tabulation of the variables listed in subsection (b), including cross-tabulation of maternal age by gestational age; race and ethnicity by gestational age; type of abortion procedure by gestational age; race and ethnicity by maternal age; and race and ethnicity by marital status; and (4) periodically update the questions in the worksheet under paragraph (2), including the classification of such questions as mandatory or voluntary. (b) Variables.--The variables listed in this subsection are the following: (1) Maternal age in years. (2) Gestational age in completed weeks at the time of abortion. (3) Maternal race. (4) Maternal ethnicity. (5) Maternal race by ethnicity. (6) The abortion method type. (7) Maternal marital status. (8) Previous pregnancies of the mother, including the number of previous live births, the number of previous induced abortions, and the number of previous spontaneous abortions. (9) Maternal residence (limited to county and State). (10) Whether the child survived the abortion. (c) Technical Assistance.--The Secretary shall provide technical assistance to States to facilitate and improve the reporting of data to the system under subsection (a). (d) Annual Reporting.--The Secretary shall-- (1) issue an annual report on abortion, which shall include the data collected pursuant to this section; and (2) publish such report not later than December 30 of the third calendar year following the calendar year covered by the report.

  This adds a new section to the Public Health Service Act establishing requirements for the CDC to collect and report on abortion data.

Action History

1. September 26, 2019

   Introduced in Senate

2. September 26, 2019

   Read twice and referred to the Committee on Finance.

Sponsors

• Joni Ernst · Primary

Subjects