HR1349-119

1. Short title This Act may be cited as the Women’s Protection in Telehealth Act.

2. Excluding providers of certain abortion services from participation in the Medicare program Section 1128 of the Social Security Act (42 U.S.C. 1320a–7) is amended— in subsection (a)— in the matter preceding paragraph (1), by inserting (or, in the case of individuals and entities described in paragraph (5), from participation in the Medicare program under title XVIII) after (as defined in section 1128B(f)); and by inserting after paragraph (4) the following new paragraph: Any individual or entity that, on or after the date of the enactment of this paragraph, prescribes, administers, dispenses, or furnishes an abortion-inducing drug to a patient, unless such individual or entity— is a physician; physically examines the patient; is physically present in the same room with the patient at the time the patient is administered, takes, or uses (as applicable) such drug; and schedules an in-person follow-up visit for the patient to occur not more than 14 days after the patient is administered, takes, or uses (as applicable) such drug. in subsection (c)(3)— in subparagraph (A), by striking subsection (b)(12) and inserting subsection (a)(5) or (b)(12); in subparagraph (B), by striking subparagraph (G) and inserting subparagraphs (G) and (H); in subparagraph (G), by inserting (other than under paragraph (5) of such subsection) after subsection (a); and by adding at the end the following new subparagraph: In the case of an exclusion under subsection (a)(5), the exclusion shall be permanent. in subsection (d), by adding at the end the following new paragraph: The provisions of this subsection shall not apply in the case of an exclusion under subsection (a)(5). in subsection (g), by adding at the end the following new paragraph: The provisions of this subsection shall not apply in the case of an exclusion under subsection (a)(5). by adding at the end the following new subsection: For purposes of subsection (a), the term abortion-inducing drug means any medicine, drug, or any other substance that is prescribed, administered, dispensed, or furnished with the intent of terminating the clinically diagnosable pregnancy of a woman and with knowledge that the termination will with reasonable likelihood cause the death of the unborn child (including the off-label use of any such drug). The term unborn child has the meaning given such term in section 1841 of title 18, United States Code. (5)Provision of abortion-inducing drugsAny individual or entity that, on or after the date of the enactment of this paragraph, prescribes, administers, dispenses, or furnishes an abortion-inducing drug to a patient, unless such individual or entity— (A)is a physician; (B)physically examines the patient; (C)is physically present in the same room with the patient at the time the patient is administered, takes, or uses (as applicable) such drug; and (D)schedules an in-person follow-up visit for the patient to occur not more than 14 days after the patient is administered, takes, or uses (as applicable) such drug.; and (H)In the case of an exclusion under subsection (a)(5), the exclusion shall be permanent.; (4)The provisions of this subsection shall not apply in the case of an exclusion under subsection (a)(5).; (4)The provisions of this subsection shall not apply in the case of an exclusion under subsection (a)(5).; and (k)Abortion-Inducing drug defined (1)In generalFor purposes of subsection (a), the term abortion-inducing drug means any medicine, drug, or any other substance that is prescribed, administered, dispensed, or furnished with the intent of terminating the clinically diagnosable pregnancy of a woman and with knowledge that the termination will with reasonable likelihood cause the death of the unborn child (including the off-label use of any such drug). (2)Unborn childThe term unborn child has the meaning given such term in section 1841 of title 18, United States Code. .