Sec. 201. Prohibiting taxpayer-funded gender affirming care
641 words·~3 min read·
/bill/117/hr/8731/ih/section-201·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title 1, United States Code, is amended by adding at the end the following new chapter: 301. Prohibition on funding for gender affirming care. 302. Prohibition on funding for health benefits plans that cover gender affirming care. 303. Limitation on Federal facilities and employees, Federal lands and territories, and Tribal territories. 304. Construction relating to separate coverage. 305. Construction relating to the use of non-Federal funds for health coverage. 306. Construction relating to complications arising from gender affirming care. 307.
Treatment of individuals born with medically verifiable disorder of sex development. 308. Gender affirming care defined. 309. Rule of construction. No funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, including funds provided under titles XVIII, XIX, and XXI of the Social Security Act, shall be expended for any gender affirming care. No funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for health benefits coverage that includes coverage of gender affirming care.
No health care service furnished— by or in a health care facility owned or operated by the Federal Government, Federal land or territory, or a Tribal territory; or by any physician or other individual employed by the Federal Government, Federal land or territory, or a Tribal territory to provide health care services within the scope of the physician’s or individual’s employment, may include gender affirming care. Nothing in this chapter shall be construed as prohibiting any individual, entity, or State or locality from purchasing separate coverage for gender affirming care or health benefits coverage that includes gender affirming care so long as such coverage is paid for entirely using only funds not authorized or appropriated by Federal law, federal programs, platforms, or infrastructure, such coverage does not cover any practice that would be subject to penalty under section 2260B of title 18, United States Code, and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State’s or locality’s contribution of Medicaid matching funds.
Nothing in this chapter shall be construed as restricting the ability of any non-Federal health benefits coverage provider from offering coverage for gender affirming care, or the ability of a State or locality to contract separately with such a provider for such coverage, so long as only funds not authorized or appropriated by Federal law are used, such coverage does not cover any practice that would be subject to penalty under section 2260B of title 18, United States Code, and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State’s or locality’s contribution of Medicaid matching funds.
Nothing in this chapter shall be construed to apply to the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of a gender affirming care. This rule of construction shall be applicable without regard to whether the gender affirming care was performed in accord with Federal or State law, and without regard to whether funding for the gender affirming care is permissible under section 307. The limitations established in sections 301, 302, and 303 shall not apply with respect to an individual described in section 2260B(d)(1)(B) of title 18, United States Code.
For purposes of this chapter, the term gender affirming care has the meaning given such term in section 2260B(d)(1) of title 18, United States Code. Nothing in this chapter shall be construed as prohibiting provision of the medical services described in section 2260B(d)(1)(A) of title 18, United States Code, to address any male or female reproductive cancers, apart from changing the body to correspond to a sex that differs from one’s biological sex. .