Sec. 201. Prohibiting taxpayer-funded gender-affirming care
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/bill/118/s/2357/is/section-201A 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: 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 land and territories, and Tribal territories. 304. Effect on separate coverage. 305. Effect on use of non-Federal funds for health coverage. 306. Application to complications arising from gender-affirming care. 307.
Application to individuals born with medically verifiable disorder of sex development. 308. Gender-affirming care defined. 309. Effect of chapter. 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.
Gender-affirming care may not be included in any health care service furnished by— a health care facility owned or operated by the Federal Government; a health care facility operated on Federal land, in a territory, or in a Tribal territory; or any physician or other individual providing health care services within the scope of the physician’s or individual’s employment who is— employed by the Federal Government; or employed by a health care facility operated on Federal land, in a territory, or in a Tribal territory.
Nothing in this chapter prohibits any individual, entity, or State or locality from purchasing separate coverage for gender-affirming care or health benefits coverage that includes gender-affirming care, on the condition that such coverage— is paid for entirely using funds— not authorized or appropriated by Federal law; or not received from Federal programs, platforms, or infrastructure; does not cover any practice that would be subject to penalty under section 2260B of title 18; and is not 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 restricts 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, on the condition that such coverage— is paid for entirely using funds— not authorized or appropriated by Federal law; or not received from Federal programs, platforms, or infrastructure; does not cover any practice that would be subject to penalty under section 2260B of title 18; and is not 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 applies to the treatment of any infection, injury, disease, or disorder that has been caused or exacerbated by the performance of a gender-affirming care, regardless of whether— the gender-affirming care was performed in accordance with Federal or State law; or funding for the gender-affirming care is permissible under section 307. The prohibitions and limitations described in sections 301, 302, and 303 shall not apply to conduct with respect to an individual described in section 2260B(a)(2)(B) of title 18.
For purposes of this chapter, the term gender-affirming care has the meaning given such term in section 2260B of title 18. Nothing in this chapter prohibits the provision of the medical services described in section 2260B(a)(2)(B) of title 18, to address any male or female reproductive cancers (other than medical services to change the body of an individual to correspond to a sex that differs from the individual’s biological sex). .