Ending Improper Payments to Deceased People Act

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Bill ID: 119/s/269
Last Updated: July 26, 2026

Sponsored by

Sen. Kennedy, John [R-LA]

ID: K000393

Follow the money

The bill

Ending Improper Payments to Deceased People Act

S. 269, 119th Congress — read as touching Health Insurance.

The sponsor

Sen. Kennedy, John [R-LA]

Every bill has someone who introduced it. That name is where the paper trail starts.

The money

$223,920 raised

20 itemised contributions to this sponsor, pulled from FEC filings.

The alignment

70% match to Project 2025

This bill's text tracks the "Department of Health and Human Services" section, p. 497-499 of the Mandate for Leadership.

Bill's Journey to Becoming a Law

Track this bill's progress through the legislative process

Latest Action

Became Public Law No: 119-77.

February 9, 2026

Introduced

Committee Review

Floor Action

Passed Senate

House Review

Passed Congress

Presidential Action

Became Law

📍 Current Status

This bill has become law!

📚 How does a bill become a law?

1. Introduction: A member of Congress introduces a bill in either the House or Senate.

2. Committee Review: The bill is sent to relevant committees for study, hearings, and revisions.

3. Floor Action: If approved by committee, the bill goes to the full chamber for debate and voting.

4. Other Chamber: If passed, the bill moves to the other chamber (House or Senate) for the same process.

5. Conference: If both chambers pass different versions, a conference committee reconciles the differences.

6. Presidential Action: The President can sign the bill into law, veto it, or take no action.

7. Became Law: If signed (or if Congress overrides a veto), the bill becomes law!

Bill Summary

Another masterpiece of legislative theater, brought to you by the esteemed members of Congress. Let's dissect this farce and expose the real disease beneath.

**Main Purpose & Objectives:** The Ending Improper Payments to Deceased People Act (S 269) claims to improve coordination between Federal and State agencies, as well as the Do Not Pay working system, to prevent improper payments to deceased individuals. How noble. In reality, this bill is a Band-Aid on a bullet wound, attempting to address a symptom of a much larger problem: bureaucratic incompetence.

**Key Provisions & Changes to Existing Law:** The bill amends Section 205(r) of the Social Security Act, allowing the Commissioner of Social Security to share information with the Do Not Pay working system to prevent improper payments. Oh, wow. This is a groundbreaking innovation that will surely revolutionize the way our government wastes taxpayer money. The bill also establishes an agreement between the Commissioner and the agency operating the Do Not Pay working system to cover State death data costs. Because, you know, it's not like they could have just done this already without needing a new law.

**Affected Parties & Stakeholders:** The usual suspects are involved: Federal and State agencies, the Social Security Administration, and the Do Not Pay working system. But let's be real, the only stakeholders who truly matter are the politicians and bureaucrats who will use this bill to justify their existence and pad their resumes.

**Potential Impact & Implications:** This bill is a drop in the ocean of government waste. It might, just might, prevent a few million dollars from being improperly paid to deceased individuals. But let's not get too excited – this is a tiny fraction of the billions wasted by our government every year. The real impact will be on the politicians who sponsored this bill, who will now have a shiny new accomplishment to tout during their re-election campaigns.

Diagnosis: This bill is a classic case of " Legislative Placebo Syndrome" (LPS), where lawmakers create a bill that appears to address a problem but actually does nothing meaningful. The symptoms include:

* A catchy title designed to fool the public * Vague language and bureaucratic jargon to confuse anyone who tries to understand it * A complete lack of actual solutions or meaningful reforms

Treatment: None needed, as this bill is merely a symptom of a larger disease – the incompetence and corruption that plagues our government. But hey, at least it's a nice distraction from the real issues facing our country.

Generated using Llama 3.1 70B (Dr. Haus personality)

💰 Campaign Finance Network

Sen. Kennedy, John [R-LA]

Congress 119 • 2024 Election Cycle

Total Contributions
$223,920
12 donors
PACs
$0
Organizations
$0
Committees
$0
Individuals
$223,920

No PAC contributions found

No organization contributions found

No committee contributions found

1
REITERMAN, MARY ELIZABETH
2 transactions
$34,800
2
VIVIAN, MICHAEL A
2 transactions
$34,800
3
JONES, SHIRLEY
2 transactions
$34,800
4
LACOSTE, ROGER
2 transactions
$34,800
5
LABEDZ, DAVID
3 transactions
$34,800
6
MAKI, NEIL JAMES
2 transactions
$10,025
7
COX, SANDY
2 transactions
$10,000
8
HENLEY, DOY
1 transaction
$8,354
9
HILL, VERNON
1 transaction
$7,529
10
HARTMAN, STEPHEN
1 transaction
$5,310
11
BRADDOCK, DAVID
1 transaction
$4,702
12
WHITE, JASON
1 transaction
$4,000

Cosponsors & Their Campaign Finance

This bill has 5 cosponsors. Below are their top campaign contributors.

Sen. Peters, Gary C. [D-MI]

ID: P000595

Top Contributors

43

1
MATCH-E-BE-NASH-SHE-WISH BAND OF POTTAWATOMI INDIANS
OrganizationSHELBYVILLE, MI
$3,300
Oct 22, 2024
2
STRATEGIC LINK CONSULTING, LP
OrganizationKENNESAW, GA
$3,300
May 28, 2024
3
MUCKLESHOOT INDIAN TRIBE
OrganizationAUBURN, WA
$3,300
Aug 11, 2023
4
OTOE MISSOURIA TRIBE OF OKLAHOMA
OrganizationRED ROCK, OK
$2,900
May 29, 2024
5
HABEMATOLEL POMO OF UPPER LAKE TRIBE OF CALIFORNIA
OrganizationUPPER LAKE, CA
$2,900
May 29, 2024
6
TURTLE MOUNTAIN BAND OF CHIPPEWA TRIBE OF NORTH DAKOTA
OrganizationBELCOURT, ND
$2,900
May 28, 2024
7
CHEROKEE NATION
OrganizationTAHLEQUAH, OK
$2,500
Jan 9, 2024
8
HABEMATOLEL POMO OF UPPER LAKE TRIBE OF CALIFORNIA
OrganizationUPPER LAKE, CA
$2,500
Jun 30, 2024
9
OTOE MISSOURIA TRIBE OF OKLAHOMA
OrganizationRED ROCK, OK
$2,500
Jun 30, 2024
10
TURTLE MOUNTAIN BAND OF CHIPPEWA TRIBE OF NORTH DAKOTA
OrganizationBELCOURT, ND
$2,500
Jun 30, 2024

Sen. Warner, Mark R. [D-VA]

ID: W000805

Top Contributors

23

1
AMERICAN HEALTHCARE, LLC
OrganizationROANOKE, VA
$5,300
Sep 25, 2024
2
CHOCTAW NATION OF OKLAHOMA
OrganizationDURANT, OK
$600
Sep 28, 2023
3
CHOCTAW NATION OF OKLAHOMA
OrganizationDURANT, OK
$400
Sep 28, 2023
4
DEKKER, DAVID T.
PILLSBURY • VICE CHAIR
IndividualBETHESDA, MD
$9,900
Dec 31, 2024
5
TULL, THOMAS
TULCO • CEO
IndividualLOS ANGELES, CA
$6,000
Nov 21, 2024
6
SWARTZ, SUSAN
SELF EMPLOYED • ARTIST
IndividualPARK CITY, UT
$3,300
Jul 31, 2023
7
MATNEY, JOHN
RAPOCA ENERGY COMPANY • PARTNER
IndividualBRISTOL, VA
$3,300
Aug 29, 2023
8
MILLONES, PETER
BOOKING HOLDINGS INC. • ATTORNEY
IndividualDARIEN, CT
$3,300
Sep 29, 2023
9
MATNEY, JUSTIN K
SELF EMPLOYED • BUSINESS OWNER
IndividualBRISTOL, VA
$3,300
Aug 29, 2023
10
MATNEY, JOHN
RAPOCA ENERGY COMPANY • PARTNER
IndividualBRISTOL, VA
$3,300
Aug 29, 2023

Sen. Ernst, Joni [R-IA]

ID: E000295

Top Contributors

23

1
SAC & FOX TRIBE OF MISSISSIPPI IN IOWA
OrganizationTAMA, IA
$5,000
Aug 29, 2023
2
SAC & FOX TRIBE OF MISSISSIPPI IN IOWA
OrganizationTAMA, IA
$1,700
Sep 28, 2023
3
SHAKOPEE MDEWAKANTON SIOUX COMMUNITY
OrganizationPRIOR LAKE, MN
$1,000
May 21, 2024
4
ABEL, ANDREA MS.
HOMEMAKER • HOMEMAKER
IndividualDES MOINES, IA
$50,000
Feb 7, 2023
5
MCINERNEY, THOMAS E. MR.
BLUFF POINT ASSOC. CORPORATION • VENTURE INVESTOR
IndividualWESTPORT, CT
$50,000
Feb 22, 2023
6
NICOLLS, BOB MR.
MONARCH • REAL ESTATE
IndividualFRANKTOWN, CO
$25,000
Mar 17, 2023
7
GRAY, C. BOYDEN
SELF-EMPLOYED • ATTORNEY
IndividualWASHINGTON, DC
$25,000
Mar 29, 2023
8
CATSIMATIDIS, JOHN A. MR.
UNITED REFINING COMPANY • CHARIMAN & CEO
IndividualNEW YORK, NY
$25,000
May 16, 2023
9
KOTICK, ROBERT MR.
ACTIVISION BLIZZARD • CEO
IndividualSANTA MONICA, CA
$16,600
Dec 20, 2024
10
VINCZE, CHRISTOPHER
TRC COMPANIES INC. • CHAIRMAN AND CEO
IndividualTEQUESTA, FL
$15,800
Nov 6, 2023

Sen. Hassan, Margaret Wood [D-NH]

ID: H001076

Top Contributors

20

1
WOODS, ANDREW L.
LIBERTY PARTNERS GROUP • ATTORNEY
IndividualFORT MYERS, FL
$4,300
Jun 29, 2023
2
WOODS, ANDREW L.
IndividualFORT MYERS, FL
$3,900
Jul 12, 2023
3
BEKENSTEIN, ANITA
NOT EMPLOYED • NOT EMPLOYED
IndividualWAYLAND, MA
$3,300
Oct 4, 2023
4
BEKENSTEIN, JOSH
NOT EMPLOYED • RETIRED
IndividualWAYLAND, MA
$3,300
Oct 4, 2023
5
HUNTER, DANIEL
SELF-EMPLOYED • PLAYWRIGHT & TEACHER
IndividualCAMBRIDGE, MA
$3,300
Dec 6, 2023
6
KLARMAN, SETH
THE BAUPOST GROUP • CEO
IndividualBOSTON, MA
$3,300
Dec 18, 2023
7
SCHWARTZ, GABRIEL
DAVIDSON KEMPNER • INVESTMENT MANAGER
IndividualBROOKLYN, NY
$3,300
Oct 16, 2023
8
SWINDELL, C. DAVID
NOT EMPLOYED • NOT EMPLOYED
IndividualBOSTON, MA
$3,300
Oct 10, 2023
9
KORN, WILLIAM T.
NSRA • RADIOLOGIST
IndividualWABAN, MA
$3,300
Mar 29, 2023
10
KORN, WILLIAM T.
NSRA • RADIOLOGIST
IndividualWABAN, MA
$3,300
Mar 29, 2023

Sen. Moody, Ashley [R-FL]

ID: M001244

Top Contributors

0

No contribution data available

Donor Network - Sen. Kennedy, John [R-LA]

PACs
Organizations
Individuals
Politicians

Hub layout: Politicians in center, donors arranged by type in rings around them.

Loading...

Showing 35 nodes and 46 connections

Total contributions: $46

Top Donors - Sen. Kennedy, John [R-LA]

Showing top 12 donors by contribution amount

12 Individuals

Industry Impact

Which industries are materially affected by specific provisions in this bill. 2 helped.

  • +Health Insuranceconfidence 0.80

    Section 2(a) improves coordination between Federal and State agencies and the Do Not Pay working system, which may help prevent improper payments and reduce costs for health insurance providers.

  • Section 2(a) may help prevent improper payments, which could benefit insurance companies by reducing fraudulent claims.

Who funds the sponsor on these industries

For each industry this bill affects, here's what the sponsor (Sen. Kennedy, John [R-LA])received from donors associated with that industry during the 2022–present cycles. Donations are not proof of intent — they are a record of who funds the people writing the law.

Industries this bill HELPS

  • from 4 contributions
    • SKIBINSKI, JOSEPH T.$1,000
    • QUIGLEY, BILL$920
    • MCKEY, PHILLIP$55
    • THERRIEN, YOSHIKO X$50

Project 2025 Policy Matches

This bill shows semantic similarity to the following sections of the Project 2025 policy document.AI-enhanced analysis provides detailed alignment ratings.

Department of Health and Human Services

Moderate
Vector: 59%
Pages: 497-499AI Enhanced

AI Analysis:

"The bill’s focus on reducing improper payments through better death data coordination aligns with Project 2025’s emphasis on curbing waste, fraud, and abuse in Medicaid and Medicare, though it does not directly address the specific Medicare Advantage or Medicaid financing reforms outlined."

Key themes:improper paymentsprogram integritydeath data accuracyMedicaid/Medicare savingsfraud prevention

— 465 — Department of Health and Human Services 1. Make Medicare Advantage the default enrollment option. 2. Give beneficiaries direct control of how they spend Medicare dollars. 3. Remove burdensome policies that micromanage MA plans. 4. Replace the complex formula-based payment model with a competitive bidding model. 5. Reconfigure the current risk adjustment model. 6. Remove restrictions on key benefits and services, including those related to prescription drugs, hospice care, and medical savings account plans.26 Legacy Medicare Reform. Legislation reforming legacy (non-MA) Medicare should: l Base payments on the health status of the patient or intensity of the service rather than where the patient happens to receive that service. l Replace the bureaucrat-driven fee-for-service system with value- based payments to empower patients to find the care that best serves their needs. l Codify price transparency regulations. l Restructure 340B drug subsidies27 toward beneficiaries rather than hospitals. l Repeal harmful health policies enacted under the Obama and Biden Administrations such as the Medicare Shared Savings Program28 and Inflation Reduction Act.29 Medicare Part D Reform. The Inflation Reduction Act (IRA) created a drug price negotiation program in Medicare that replaced the existing private-sector negotiations in Part D with government price controls for prescription drugs. These government price controls will limit access to medications and reduce patient access to new medication. This “negotiation” program should be repealed, and reforms in Part D that will have meaningful impact for seniors should be pursued. Other reforms should include eliminating the coverage gap in Part D, reducing the government share in — 466 — Mandate for Leadership: The Conservative Promise the catastrophic tier, and requiring manufacturers to bear a larger share. Until the IRA is repealed, an Administration that is required to implement it must do so in a way that is prudent with its authority, minimizing the harmful effects of the law’s policies and avoiding even worse unintended consequences.30 Medicaid. Over the past 45 years, Medicaid and the health safety net have evolved into a cumbersome, complicated, and unaffordable burden on nearly every state. The program is failing some of the most vulnerable patients; is a prime target for waste, fraud, and abuse; and is consuming more of state and federal budgets. The dramatic increase in Medicaid expenditures is due in large part to the ACA (Obamacare), which mandates that states must expand their Medicaid eligibility standards to include all individuals at or below 138 percent of the federal poverty level (FPL), and the public health emergency, which has prohibited states from performing basic eligibility reviews. The overlap of available benefits among the various health agencies has led to a complex, confusing system that is nearly impossible to navigate—even for recipients. Recipients are often faced with a “welfare cliff” of benefit losses as they earn above a certain amount, which is contrary to the fundamental purpose of empowering individuals to achieve economic independence. Benefits increasingly involve nonmedical services such as air conditioning and housing, many of which are already handled by departments other than HHS. Improper payments within Medicaid are higher than those of any other federal program. These payments are evidence of the inappropriateness of Medicaid’s expansion, which, stemming largely from public health emergency maintenance of effort (MOE) requirements and the Affordable Care Act, has crowded out the primary targets of these programs: those who are most in need. True health care reform cannot be accomplished in a bureaucratic silo or only through Medicaid and health safety net programs. Reform of the tax code is also essential to genuine, effective reform of our health care system. All components of the health care system should be part of the reform efforts, and it is imperative that the system be modified to assist states with their current programs. Therefore, the next Administration should: l Reform financing. Allow states to have a more flexible, accountable, predictable, transparent, and efficient financing mechanism to deliver medical services. This system should include a more balanced or blended match rate, block grants, aggregate caps, or per capita caps. Any financial system should be designed to encourage and incentivize innovation and the efficient delivery of health care services. Federal and state financial participation in the Medicaid program should be rational, predictable, and reasonable. It should also incentivize states to save money and improve the quality of health care.

Department of Health and Human Services

Weak
Vector: 60%
Pages: 533-535AI Enhanced

AI Analysis:

"The bill focuses on preventing improper payments to deceased individuals through improved death data coordination, while the Project 2025 HHS section emphasizes civil rights, reproductive health, and nondiscrimination policies. There is minimal thematic overlap, as the bill addresses program integrity in payments, whereas the cited HHS policies concern healthcare access, provider conscience rights, and anti-discrimination rules."

Key themes:federal program integritydata sharingagency coordination

— 501 — Department of Health and Human Services 54. U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, Office of Civil Rights, and Office of the Secretary, “Special Responsibilities of Medicare Hospitals in Emergency Cases and Discrimination on the Basis of Disability in Critical Health and Human Service Programs or Activities,” draft of Proposed Rule, January 14, 2021, https://www.hhs.gov/sites/default/files/infants-nprm.pdf (accessed March 17, 2023). 55. H.R. 26, Born-Alive Abortion Survivors Protection Act, 118th Congress, introduced January 9, 2023, https:// www.congress.gov/118/bills/hr26/BILLS-118hr26pcs.pdf (accessed March 17, 2023). 56. H.R. 7, No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2023, 118th Congress, introduced January 9, 2023, https://www.congress.gov/118/bills/hr7/BILLS-118hr7ih.pdf (accessed March 17, 2023). 57. S. 401, Conscience Protection Act of 2021, 117th Congress, introduced February 24, 2021, https://www.congress. gov/117/bills/s401/BILLS-117s401is.pdf (accessed March 17, 2023). 58. U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, and Office of the Secretary, “Nondiscrimination in Health Programs and Activities,” Notice of Proposed Rulemaking; Notice of Tribal Consultation, Federal Register, Vol. 87, No. 149 (August 4, 2022), pp. 47824–47920, https://www.govinfo. gov/content/pkg/FR-2022-08-04/pdf/2022-16217.pdf (accessed March 17, 2023). 59. Ibid., p. 47916. 60. The regulation was not finalized before the end of the Administration. U.S. Department of Agriculture, Food and Nutrition Services, “Revision of Categorical Eligibility in the Supplemental Nutrition Assistance Program (SNAP),” Proposed Rule, Federal Register, Vol. 84, No. 142 (July 24, 2019), pp. 35570–55581, https:// www.federalregister.gov/documents/2019/07/24/2019-15670/revision-of-categorical-eligibility-in-the- supplemental-nutrition-assistance-program-snap (accessed March 17, 2023). 61. 45 Code of Federal Regulations § 75.300(c) and (d), https://www.ecfr.gov/current/title-45/subtitle-A/ subchapter-A/part-75/subpart-D/subject-group-ECFR911e5e1a30bfbcb/section-75.300 (accessed March 17, 2023). 62. H.R. 1750, Child Welfare Provider Inclusion Act of 2021, 117th Congress, introduced March 10, 2021, https:// www.congress.gov/117/bills/hr1750/BILLS-117hr1750ih.pdf (accessed March 17, 2023), and S. 656, Child Welfare Provider Inclusion Act of 2021, 117th Congress, introduced March 10, 2021, https://www.congress.gov/117/bills/ s656/BILLS-117s656is.pdf (accessed March 17, 2023). 63. S. 3949, Trafficking Victims Protection Reauthorization Act of 2022, Public Law No. 117-348, 117th Congress, January 25, 2023, https://www.congress.gov/117/plaws/publ348/PLAW-117publ348.pdf (accessed March 17, 2023). 64. Kelsey Y. Santamaria, “Child Migrants at the Border: The Flores Settlement Agreement and Other Legal Developments,” Congressional Research Service In Focus No. IF11799, April 1, 2021, https://crsreports.congress. gov/product/pdf/IF/IF11799 (accessed March 17, 2023). 65. Report, Building a Happy Home: Marriage Education as a Tool to Strengthen Families, Social Capital Project Report No. 1-22, March 2022, p. 17, https://www.jec.senate.gov/public/_cache/files/3d102525-6f0d-48ed- 92f4-d71edd468ad6/building-a-happy-home.pdf (accessed March 17, 2023). The cover of the report reflects that the Social Capital Project is “[a] project of the Joint Economic Committee – Republicans.” 66. See, for example, Alan J. Hawkins, “Are Federally Supported Relationship Education Programs for Lower-Income Individuals and Couples Working? A Review of Evaluation Research,” American Enterprise Institute, September 2019, https://www. congress.gov/117/plaws/publ228/PLAW-117publ228.pdf (accessed March 17, 2023). 67. H.R. 8404, Respect for Marriage Act, Public Law No. 117-228, 117th Congress, December 13, 2022, https://www. congress.gov/117/plaws/publ228/PLAW-117publ228.pdf (accessed March 17, 2023). 68. Madison Marino, “Over 1,000 Safety Violations Mar Head Start. Children Deserve Better,” Heritage Foundation Commentary, November 10, 2022, https://www.heritage.org/education/commentary/over-1000-safety- violations-mar-head-start-children-deserve-better. 69. American Hospital Association v. Becerra, 596 U.S. ___ (2022), https://www.supremecourt.gov/ opinions/21pdf/20-1114_09m1.pdf (accessed March 17, 2023). 70. U.S. Department of the Treasury, Internal Revenue Service; U.S. Department of Labor, Employee Benefits Security Administration; and U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services, “Coverage of Certain Preventive Services Under the Affordable Care Act,” Notice of Proposed Rulemaking, Federal Register, Vol. 88, No. 22 (February 2, 2023), pp. 7236–7281, https://www. govinfo.gov/content/pkg/FR-2023-02-02/pdf/2023-01981.pdf (accessed March 17, 2023). — 502 — Mandate for Leadership: The Conservative Promise 71. 42 U.S. Code § 238n, https://www.law.cornell.edu/uscode/text/42/238n (accessed March 17, 2023). 72. U.S. Department of Health and Human Services, Health Resources and Services Administration, “Early Childhood Health,” last reviewed October 2022, https://mchb.hrsa.gov/programs-impact/focus-areas/early- childhood-health (accessed March 17, 2023). 73. American Pregnancy Association, “Having a Doula—What Are the Benefits?” https://americanpregnancy. org/healthy-pregnancy/labor-and-birth/having-a-doula/#:~:text=Other%20studies%20have%20shown%20 that%20having%20a%20doula,massage%20to%20reduce%20stress%20and%20anxiety%20during%20labor (accessed March 17, 2023). 74. S. 2372, VA MISSION [Maintaining Internal Systems and Strengthening Integrated Outside Networks] Act of 2018, Public Law No. 115-182, 115th Congress, June 6, 2018, https://www.congress.gov/115/plaws/publ182/ PLAW-115publ182.pdf (accessed March 17, 2023). 75. U.S. Department of Health and Human Services, “Securing Updated and Necessary Statutory Evaluations Timely,” Final Rule, Federal Register, Vol. 86, No. 11 (January 19, 2021), pp. 5694–5764, https://www.govinfo. gov/content/pkg/FR-2021-01-19/pdf/2021-00597.pdf (accessed March 22, 2023). 76. U.S. Department of Health and Human Services, Office of the Secretary, Office of the Assistant Secretary for Health, “Compliance with Statutory Program Integrity Requirements,” Final Rule, Federal Register, Vol. 84, No. 42 (March 4, 2029), pp. 7714–7791, https://www.govinfo.gov/content/pkg/FR-2019-03-04/pdf/2019-03461.pdf (accessed March 18, 2023). 77. U.S. Department of Health and Human Services, Office of the Secretary, Office of the Assistant Secretary for Health, “Ensuring Access to Equitable, Affordable, Client-Centered, Quality Family Planning Services,” Final Rule, Federal Register, Vol. 86, No. 192 (October 7, 2021), pp. 56144–56180, https://www.govinfo.gov/content/ pkg/FR-2021-10-07/pdf/2021-21542.pdf (accessed March 18, 2023). 78. S. 624, Title X Abortion Provider Prohibition Act, 118th Congress, introduced March 2, 2023, https://www. congress.gov/118/bills/s624/BILLS-118s624is.pdf (accessed March 18, 2023). 79. 50 U.S. Code Chapter 55, https://www.law.cornell.edu/uscode/text/50/chapter-55 (accessed March 22, 2023). 80. 18 U.S. Code § 13, https://www.law.cornell.edu/uscode/text/18/13 (accessed March 18, 2023). 81. Bowen v. American Hospital Association, 476 U.S. 610 (1986), https://tile.loc.gov/storage-services/service/ll/ usrep/usrep476/usrep476610/usrep476610.pdf (accessed 22, 2023). 82. U.S. Department of Health and Human Services, Office of the Secretary, “Notification of Interpretation and Enforcement of Section 1557 of the Affordable Care Act and Title IX of the Education Amendments of 1972,” Federal Register, Vol. 86, No. 99 (May 25, 2021), pp. 27984–27985, https://www.govinfo.gov/content/pkg/FR- 2021-05-25/pdf/2021-10477.pdf (accessed March 18, 2023). 83. U.S. Department of Health and Human Services, Office for Civil Rights, “HHS Notice and Guidance on Gender Affirming Care, Civil Rights, and Patient Privacy,” March 2, 2022, https://www.hhs.gov/sites/default/files/hhs- ocr-notice-and-guidance-gender-affirming-care.pdf (accessed March 18, 2023). 84. Heckler v. Chaney, 420 U.S. 821 (1985), https://caselaw.findlaw.com/us-supreme-court/470/821.html (accessed March 18, 2022). 85. U.S. Department of Health and Human Services, Office for Civil Rights, “Guidance to Nation’s Retail Pharmacies: Obligations Under Federal Civil Rights Laws to Ensure Access to Comprehensive Reproductive Health Care Services,” content last reviewed July 14, 2022, https://www.hhs.gov/civil-rights/for-individuals/ special-topics/reproductive-healthcare/pharmacies-guidance/index.html (accessed March 18, 2023). 86. H.R. 3103, “Health Insurance and Portability and Accountability Act of 1996, Public Law No. 104-191, 104th Congress, August 21, 1996, https://www.congress.gov/104/plaws/publ191/PLAW-104publ191.pdf (accessed March 18, 2023). 87. U.S. Department of Human Services, “HIPAA Privacy Rule and Disclosures of Information Relating to Reproductive Health Care,” content last reviewed June 29, 2022, (accessed March 18, 2023). See also “Protecting the Privacy and Security of Your Health Information When Using Your Personal Cell Phone or Tablet,” content last reviewed June 29, 2022, https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/ cell-phone-hipaa/index.html (accessed March 18, 2023).

Department of Health and Human Services

Minimal
Vector: 62%
Pages: 506-508AI Enhanced

AI Analysis:

"The bill focuses on preventing improper payments to deceased individuals through improved death data coordination, which is unrelated to Project 2025's HHS policy objectives concerning abortion regulations, Hyde Amendment compliance, EMTALA interpretations, transgender coverage determinations, or born-alive infant protections."

— 473 — Department of Health and Human Services l Rewrite the ACA abortion separate payment regulation. Section 1303 of Obamacare requires that insurers collect a separate payment for certain abortion coverage in qualified health plans that are approved to be sold on exchanges and that they keep those separate payments in separate accounts that are used only to pay for elective abortion services. Neither the letter nor the spirit of the law was enforced under President Obama, and a Trump- era regulation sought to correct this problem. The Biden HHS rescinded this regulation to allow insurance companies once again—contrary to the law—to collect combined payments for what are clearly required to be separate payments for elective abortion coverage. “Separate” does not mean “together.” HHS should reinstate a Trump Administration regulation and enforce what the plain text of Section 1303 requires. That regulation should be further improved by requiring CMS to ensure that consumers pay truly separate charges for abortion coverage. l Audit Hyde Amendment compliance. HHS should undertake a full audit to determine compliance or noncompliance with the Hyde amendment and similar funding restrictions in HHS programs. This audit should include a full review of the Biden Administration’s post-Dobbs executive actions to promote abortion. It should also encompass a review of Medicaid managed care plans in pro-abortion states. l Reverse distorted pro-abortion “interpretations” added to the Emergency Medical Treatment and Active Labor Act. The Emergency Medical Treatment and Active Labor Act (EMTALA)52 prohibits hospitals that receive Medicare funds from “dumping” emergency patients who cannot pay by sending them to other hospitals. It also mandates that hospitals stabilize pregnant women and explicitly protects unborn children. Hospitals or physicians found to be in violation of the statute could lose all of their federal health funding—Medicare, Medicaid, CHIP, and other funds—and face civil penalties of up to nearly $120,000. In July 2022, HHS/CMS released guidance mandating that EMTALA- covered hospitals and the physicians who work there must perform abortions, to include completing chemical abortions even when the child might still be alive. The guidance also declared that EMTALA would protect physicians and hospitals that perform abortions in violation of state law if they deem those abortions necessary to stabilize the women’s health. This novel interpretation of EMTALA is baseless. EMTALA requires — 474 — Mandate for Leadership: The Conservative Promise no abortions, preempts no pro-life state laws, and explicitly requires stabilization of the unborn child. HHS should rescind the guidance and end CMS and state agency investigations into cases of alleged refusals to perform abortions. DOJ should agree to eliminate existing injunctions against pro-life states, withdraw its enforcement lawsuits, and in lawsuits against CMS on the guidance agree to injunctions against CMS and withdraw appeals of injunctions. l Reissue a stronger transgender national coverage determination. CMS should repromulgate its 2016 decision that CMS could not issue a National Coverage Determination (NCD) regarding “gender reassignment surgery” for Medicare beneficiaries. In doing so, CMS should acknowledge the growing body of evidence that such interventions are dangerous and acknowledge that there is insufficient scientific evidence to support such coverage in state plans. l Enforce EMTALA. The undeniable reality of abortion is that it does do not always result in a dead baby, and these born-alive babies are left to die. HHS should use EMTALA and Section 504 of the Rehabilitation Act,53 which prohibits disability discrimination, to investigate instances of infants born alive and left untreated in covered hospitals. CMS, OCR, and OIG should be required to follow through on these investigations with specific enforcement actions. HHS should revive a Trump Administration proposed regulation, “Special Responsibilities of Medicare Hospitals in Emergency Cases and Discrimination on the Basis of Disability in Critical Health and Human Service Programs or Activities,”54 to achieve this end. In addition, Congress should pass the Born-Alive Abortion Survivors Protection Act55 to require that proper medical care be given to infants who survive an abortion and to establish criminal consequences for practitioners who fail to provide such care. l Permanently codify both the Hyde family of amendments and the protections provided by the Weldon Amendment. Congress can accomplish this through legislation such as the No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act56 (Hyde) and the Conscience Protection Act57 (Weldon).

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About These Correlations

Policy matches are calculated using a hybrid approach: initial candidates are found using semantic similarity between bill summaries and Project 2025 policy text, then an AI model (Llama 3.1 70B) provides detailed alignment ratings and analysis. Ratings range from 1 (minimal alignment) to 5 (very strong alignment). This analysis does not imply direct causation or intent.

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