HR4244-119

1. Short title This Act may be cited as the Prohibition of Medicaid Funding for Conversion Therapy Act.

2. Prohibition on Medicaid payments for conversion therapy Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended— in subsection (a)— in paragraph (86), by striking and at the end; in paragraph (87), by striking the period at the end and inserting ; and; and by inserting after paragraph (87) the following new paragraph: provide that, beginning with the first day of the first quarter that begins on or after the date of enactment of this paragraph, no payment may be made under the plan with respect to conversion therapy (as defined in subsection (uu)) furnished to an individual enrolled under the plan (or a waiver of such plan). by adding at the end the following new subsection: For purposes of subsection (a)(88) and this subsection: The term conversion therapy— means any practice or treatment by any person that seeks to change another individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender, if such person receives monetary compensation in exchange for any such practice or treatment; and does not include any practice or treatment, which does not seek to change sexual orientation or gender identity, that— provides assistance to an individual undergoing a gender transition; or provides acceptance, support, and understanding of a client or facilitation of a client’s coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices. The term gender identity means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth. The term person means any individual, partnership, corporation, cooperative, association, or any other entity. The term sexual orientation means homosexuality, heterosexuality, or bisexuality. Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended— in paragraph (26), by striking or at the end; in paragraph (27), by striking the period at the end and inserting ; or; and by inserting after paragraph (27) the following new paragraph: with respect to any amount expended for conversion therapy (as defined in section 1902(uu)) on or after the date described in section 1902(a)(88). (88)provide that, beginning with the first day of the first quarter that begins on or after the date of enactment of this paragraph, no payment may be made under the plan with respect to conversion therapy (as defined in subsection (uu)) furnished to an individual enrolled under the plan (or a waiver of such plan).; and (uu)Conversion therapy; Gender identity; Person; Sexual orientationFor purposes of subsection (a)(88) and this subsection: (1)Conversion therapyThe term conversion therapy— (A)means any practice or treatment by any person that seeks to change another individual’s sexual orientation or gender identity, including efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender, if such person receives monetary compensation in exchange for any such practice or treatment; and (B)does not include any practice or treatment, which does not seek to change sexual orientation or gender identity, that— (i)provides assistance to an individual undergoing a gender transition; or (ii)provides acceptance, support, and understanding of a client or facilitation of a client’s coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices. (2)Gender identityThe term gender identity means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth. (3)PersonThe term person means any individual, partnership, corporation, cooperative, association, or any other entity. (4)Sexual orientationThe term sexual orientation means homosexuality, heterosexuality, or bisexuality.. (28)with respect to any amount expended for conversion therapy (as defined in section 1902(uu)) on or after the date described in section 1902(a)(88)..