S. 3011

119 S3011 IS: To amend the Patient Protection and Affordable Care Act to exclude coverage of gender-transition procedures for minors and abortion under health plans offered through the American Health Benefits Exchanges, and for other purposes.
 U.S. Senate
 2025-10-15
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
  II
  119th CONGRESS
  1st Session
  S. 3011
  IN THE SENATE OF THE UNITED STATES
  October 15, 2025
  Mr. Hawley  introduced the following bill;
  which was read twice and referred to the  Committee on Health, Education, Labor, and
  Pensions
  A BILL
To amend the Patient Protection and Affordable Care Act to exclude coverage
  of gender-transition procedures for minors and abortion under health plans offered
  through the American Health Benefits Exchanges, and for other purposes.
1.
Short title
This Act may be cited as the   Prohibiting Abortion & Transgender Procedures on the Exchanges Act  .
2.
Exclusion of gender-transition procedures for minors and abortion from coverage
  under health plans offered through the American Health Benefits Exchanges
(a)
In general
Section 1303 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18023 ) is amended—
(1)
in subsection (a)—
(A)
by striking paragraph (2); and
(B)
by striking the subsection designation and heading and all that follows through  A State  in paragraph (1) and inserting the following:
(a)
State opt-Out of abortion coverage
A State
  ;
(2)
in subsection (b), by striking the subsection designation and heading and all that follows through  No qualified  in paragraph (4) and inserting the following:
(b)
No discrimination on basis of provision of abortion
No qualified
  ;
(3)
in subsection (c)—
(A)
in paragraph (2)—
(i)
by striking the paragraph designation and heading and all that follows through  Nothing  in subparagraph (A) and inserting the following:
(2)
No effect on Federal laws regarding abortion
Nothing
  ; and
(ii)
by redesignating clauses (i) through (iii) as subparagraphs (A) through (C), respectively, and adjusting the margins accordingly;
(B)
by striking the subsection designation and heading and all that follows through the end of paragraph (1) and inserting the following:
(c)
Application of Federal laws
  ; and
(C)
by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively;
(4)
by redesignating subsections (a) through (d) as subsections (b) through (e), respectively; and
(5)
by inserting before subsection (b) (as so redesignated) the following:
(a)
Prohibition on coverage of gender-Transition procedures for
  minors and abortion
(1)
In general
An Exchange may not make available any health plan, including any health plan offering excepted benefits (as defined in section 2791(c) of the Public Health Service Act), that provides coverage for—
(A)
abortion, except in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself, or unless the pregnancy is the result of an act of rape or incest; or
(B)
gender-transition procedures for minors.
(2)
Definitions
In this subsection:
(A)
Gender-transition procedure
(i)
In general
Except as provided in clause (ii), the term  gender-transition procedure  means—
(I)
the prescription or administration of gonadotropin-releasing hormone agonists or any other puberty-blocking drugs for the purpose of changing the body of an individual so that it conforms to the subjective sense of identity of the individual, in the case such identity is at odds with the individual's biological sex of male or female;
(II)
the prescription or administration of testosterone (when prescribed to a female) or estrogen (when prescribed to a male) for the purpose of changing the body of an individual so that it conforms to the subjective sense of identity of the individual, in the case such identity is at odds with the individual’s biological sex of male or female; or
(III)
a surgery to change the body of an individual so that it conforms to the subjective sense of identity of the individual, in the case such identity is at odds with the individual’s biological sex of male or female.
(ii)
Exception
The term  gender-transition procedure  does not include—
(I)
an intervention described in clause (i) that is performed on—
(aa)
an individual with biological sex characteristics that are inherently ambiguous, such as those born with 46 XX chromosomes with virilization, 46 XY chromosomes with undervirilization, or having both ovarian and testicular tissue; or
(bb)
an individual with respect to whom a physician has determined through genetic or biochemical testing that the individual does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action, for a biological male or biological female;
(II)
the treatment of any infection, injury, disease, or disorder that has been caused or exacerbated by the performance of an intervention described in clause (i) without regard to whether the intervention was performed in accordance with State or Federal law; or
(III)
any procedure undertaken because the individual suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the individual in imminent danger of death or impairment of major bodily function unless the procedure is performed.
(B)
Minor
The term  minor  means an individual who has not yet reached 18 years of age.
  .
(b)
Conforming amendment
Section 1334(a) ( 42 U.S.C. 18054(a) ) is amended—
(1)
by striking paragraph (6); and
(2)
by redesignating paragraph (7) as paragraph (6).
(c)
Effective date
The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2026.