Bill Text: IA HF236 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the distribution of certain funds for abortions, and including effective date provisions.
Sponsorship: Partisan Bill (Republican 12)
Status: (Introduced - Dead) 2017-02-07 - Introduced, referred to Human Resources. H.J. 238. [HF236 Detail]
Download: Iowa-2017-HF236-Introduced.html
House File 236 - Introduced HOUSE FILE BY SALMON, SHEETS, HEARTSILL, HOLT, GUSTAFSON, WHEELER, GASSMAN, FISHER, WATTS, BAXTER, LUNDGREN, and CARLIN A BILL FOR 1 An Act relating to the distribution of certain funds for 2 abortions, and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1117YH (24) 87 pf/rn/rj PAG LIN 1 1 DIVISION I 1 2 STATE FAMILY PLANNING SERVICES PROGRAM 1 3 Section 1. STATE FAMILY PLANNING SERVICES PROGRAM ==== 1 4 ESTABLISHMENT ==== DISCONTINUATION OF MEDICAID FAMILY PLANNING 1 5 NETWORK WAIVER. 1 6 1. The department of human services shall discontinue the 1 7 Medicaid family planning network waiver effective July 1, 2017, 1 8 and shall instead establish a state family planning services 1 9 program. The state program shall replicate the eligibility 1 10 requirements and other provisions included in the Medicaid 1 11 family planning network waiver as approved by the centers for 1 12 Medicare and Medicaid services of the United States department 1 13 of health and human services in effect on June 30, 2017, but 1 14 shall provide for distribution of the family planning services 1 15 program funds in accordance with this section. 1 16 2. Distribution of family planning services program funds 1 17 shall be made to eligible applicants in the following order of 1 18 priority: 1 19 a. Public entities that provide family planning services 1 20 including state, county, or local community health clinics and 1 21 federally qualified health centers. 1 22 b. Nonpublic entities that, in addition to family planning 1 23 services, provide required primary health services as described 1 24 in 42 U.S.C. {254b(b)(1)(A). 1 25 c. Nonpublic entities that provide family planning 1 26 services but do not provide required primary health services as 1 27 described in 42 U.S.C. {254b(b)(1)(A). 1 28 3. Distribution of family planning services program funds 1 29 under this section shall be made in a manner that continues 1 30 access to family planning services. 1 31 4. Distribution of family planning services program funds 1 32 shall not be made to any entity that performs abortions or that 1 33 maintains or operates a facility where abortions are performed. 1 34 For the purposes of this section, "abortion" does not include 1 35 any of the following: 2 1 a. The treatment of a woman for a physical disorder, 2 2 physical injury, or physical illness, including a 2 3 life=endangering physical condition caused by or arising from 2 4 the pregnancy itself, that would, as certified by a physician, 2 5 place the woman in danger of death. 2 6 b. The treatment of a woman for a spontaneous abortion, 2 7 commonly known as a miscarriage. 2 8 5. Family planning services program funds distributed in 2 9 accordance with this section shall not be used for direct or 2 10 indirect costs, including but not limited to administrative 2 11 costs or expenses, overhead, employee salaries, rent, and 2 12 telephone and other utility costs, related to providing 2 13 abortions as specified in subsection 4. 2 14 6. The department of human services shall submit a report to 2 15 the governor and the general assembly, annually by January 1, 2 16 listing any entities that received funds pursuant to subsection 2 17 2, paragraph "c", and the amount and type of funds received by 2 18 such entities during the preceding calendar year. The report 2 19 shall provide a detailed explanation of how the department 2 20 determined that distribution of family planning services 2 21 program funds to such an entity, instead of to an entity 2 22 described in subsection 2, paragraph "a" or "b", was necessary 2 23 to prevent severe limitation or elimination of access to family 2 24 planning services in the region of the state where the entity 2 25 is located. 2 26 Sec. 2. EFFECTIVE UPON ENACTMENT. This division of this 2 27 Act, being deemed of immediate importance, takes effect upon 2 28 enactment. 2 29 DIVISION II 2 30 DISTRIBUTION OF FEDERAL FUNDS ==== RESTRICTIONS ==== ABORTION 2 31 Sec. 3. DISTRIBUTION OF FEDERAL PUBLIC HEALTH SERVICES ACT 2 32 FUNDS FOR FAMILY PLANNING. 2 33 1. The department of public health shall annually apply 2 34 to the United States department of health and human services 2 35 for grant funding under Tit. X of the federal Public Health 3 1 Services Act, 42 U.S.C. {300 et seq. The department shall 3 2 distribute all grant funding received to applicants in the 3 3 following order of priority: 3 4 a. Public entities that provide family planning services 3 5 including state, county, or local community health clinics and 3 6 federally qualified health centers. 3 7 b. Nonpublic entities that, in addition to family planning 3 8 services, provide required primary health services as described 3 9 in 42 U.S.C. {254b(b)(1)(A). 3 10 c. Nonpublic entities that provide family planning 3 11 services but do not provide required primary health services as 3 12 described in 42 U.S.C. {254b(b)(1)(A). 3 13 2. Distribution of funds under this section shall be made in 3 14 a manner that continues access to family planning services. 3 15 3. Distribution of funds shall not be made to any entity 3 16 that performs abortions or that maintains or operates a 3 17 facility where abortions are performed. For the purposes of 3 18 this section, "abortion" does not include any of the following: 3 19 a. The treatment of a woman for a physical disorder, 3 20 physical injury, or physical illness, including a 3 21 life=endangering physical condition caused by or arising from 3 22 the pregnancy itself, that would, as certified by a physician, 3 23 place the woman in danger of death. 3 24 b. The treatment of a woman for a spontaneous abortion, 3 25 commonly known as a miscarriage. 3 26 4. Funds distributed in accordance with this section shall 3 27 not be used for direct or indirect costs, including but not 3 28 limited to administrative costs or expenses, overhead, employee 3 29 salaries, rent, and telephone and other utility costs, related 3 30 to providing abortions as specified in this section. 3 31 5. The department of public health shall submit a report to 3 32 the governor and the general assembly, annually by January 1, 3 33 listing any entities that received funds pursuant to subsection 3 34 1, paragraph "c", and the amount and type of funds received by 3 35 such entities during the preceding calendar year. The report 4 1 shall provide a detailed explanation of how the department 4 2 determined that distribution of funds to such an entity, 4 3 instead of to an entity described in subsection 1, paragraph 4 4 "a" or "b", was necessary to prevent severe limitation or 4 5 elimination of access to family planning services in the region 4 6 of the state where the entity is located. 4 7 Sec. 4. ADMINISTRATION OF PERSONAL RESPONSIBILITY 4 8 EDUCATION PROGRAM AND ABSTINENCE EDUCATION GRANT PROGRAM 4 9 FUNDS. Any contract entered into on or after July 1, 2017, 4 10 by the department of public health to administer the personal 4 11 responsibility education program as specified in 42 U.S.C. 4 12 {713 or to administer the abstinence education grant program 4 13 authorized pursuant to section 510 of Tit. V of the federal 4 14 Social Security Act, shall exclude as an eligible applicant any 4 15 applicant entity that provides abortions, maintains or operates 4 16 a facility where abortions are performed, or regularly makes 4 17 referrals to an entity that provides abortions or maintains or 4 18 operates a facility where abortions are performed. For the 4 19 purposes of this section, such referrals include but are not 4 20 limited to referrals made by reference to an internet site or 4 21 by linking to an internet site maintained by an entity that 4 22 provides abortions or maintains or operates a facility where 4 23 abortions are performed. 4 24 Sec. 5. AWARD OF COMMUNITY ADOLESCENT PREGNANCY PREVENTION 4 25 AND SERVICES PROGRAM GRANT FUNDS. Any contract entered into on 4 26 or after July 1, 2017, by the department of human services to 4 27 award a community adolescent pregnancy prevention and services 4 28 program grant using federal temporary assistance for needy 4 29 families block grant funds appropriated to the department 4 30 shall exclude as an eligible applicant any applicant entity 4 31 that provides abortions, maintains or operates a facility 4 32 where abortions are performed, or regularly makes referrals to 4 33 an entity that provides abortions or maintains or operates a 4 34 facility where abortions are performed. For the purposes of 4 35 this section, such referrals include but are not limited to 5 1 referrals made by reference to an internet site or by linking 5 2 to an internet site maintained by an entity that provides 5 3 abortions or maintains or operates a facility where abortions 5 4 are performed. 5 5 DIVISION III 5 6 RIGHT OF INTERVENTION 5 7 Sec. 6. RIGHT OF INTERVENTION. The sponsor or cosponsors 5 8 of this Act, as an agent or agents of the state, shall have 5 9 standing to intervene on behalf of the general assembly as a 5 10 party in any judicial or administrative proceeding challenging 5 11 the provisions of this Act. 5 12 DIVISION IV 5 13 SEVERABILITY 5 14 Sec. 7. SEVERABILITY. If any provision of this Act or 5 15 the application of this Act to any person or circumstances is 5 16 held invalid, the invalidity shall not affect other provisions 5 17 or applications of the Act which can be given effect without 5 18 the invalid provisions or application and, to this end, the 5 19 provisions of this Act are severable. 5 20 EXPLANATION 5 21 The inclusion of this explanation does not constitute agreement with 5 22 the explanation's substance by the members of the general assembly. 5 23 This bill relates to the distribution of certain funds 5 24 relative to abortions. 5 25 Division I of the bill establishes a state family planning 5 26 services program and discontinues the Medicaid family planning 5 27 network waiver. 5 28 The division directs the department of human services (DHS) 5 29 to discontinue the Medicaid family planning network waiver 5 30 effective July 1, 2017, and to instead establish a state family 5 31 planning services program. The state program is to replicate 5 32 the eligibility requirements and other provisions included in 5 33 the Medicaid family planning network waiver, but the program 5 34 funds are to be distributed in accordance with a prioritization 5 35 schedule specified in the division. 6 1 The program funds are to be distributed in a manner that 6 2 continues access to family planning services, but are not to 6 3 be distributed to any entity that performs abortions or that 6 4 maintains or operates a facility where abortions are performed. 6 5 The division makes exceptions to the definition of "abortion" 6 6 for the purpose of distribution of the funds. 6 7 The division also specifies that the funds distributed shall 6 8 not be used for direct or indirect costs, including but not 6 9 limited to administrative costs or expenses, overhead, employee 6 10 salaries, rent, and telephone and other utility costs, related 6 11 to providing abortions. 6 12 The division requires DHS to submit a report to the governor 6 13 and the general assembly annually by January 1 listing any 6 14 entities that received program funds that are in the lowest 6 15 position of priority described as nonpublic entities that 6 16 provide family planning services but do not provide required 6 17 primary health services as defined in federal law, as well as 6 18 the amount and type of funds received by such entities during 6 19 the preceding calendar year. The report is also to include a 6 20 detailed explanation of how DHS determined that distribution of 6 21 program funds to such an entity was necessary to prevent severe 6 22 limitation or elimination of access to family planning services 6 23 in the region of the state where the entity is located. 6 24 This division of the bill takes effect upon enactment. 6 25 Division II of the bill relates to the distribution and use 6 26 of certain federal funds for abortions. The division includes 6 27 limitations on distribution to certain applicants of federal 6 28 funds received by the state under Title X of the federal Public 6 29 Health Services Act, the personal responsibility education 6 30 program, the abstinence education grant program, and the 6 31 community adolescent pregnancy prevention grant program. 6 32 The division directs the department of health (DPH) to 6 33 distribute all grant funding received through Title X of 6 34 the federal Public Health Services Act on the basis of a 6 35 prioritized schedule of applicants. The division prohibits 7 1 funding to be distributed to any entity that performs abortions 7 2 or that maintains or operates a facility where abortions are 7 3 performed. The division also prohibits funds distributed to 7 4 be used for direct or indirect costs related to providing 7 5 abortions. The division makes exceptions to the definition 7 6 of "abortion" for the purpose of distribution of the funds. 7 7 The division directs DPH to submit a report annually to the 7 8 governor and the general assembly by January 1, identifying any 7 9 entities lowest in the prioritization schedule that received 7 10 public funds instead of an entity higher in the prioritization 7 11 schedule during the preceding calendar year. The report 7 12 shall include a detailed explanation of how DPH determined 7 13 that distribution to such an entity was necessary to prevent 7 14 limitations in access to family planning services in the region 7 15 of the state where the entity is located. 7 16 The division directs DPH, beginning with any contract 7 17 entered into on or after July 1, 2017, to administer the 7 18 state personal responsibility education program and the state 7 19 abstinence education grant program to exclude as an eligible 7 20 applicant any applicant entity that provides abortions, 7 21 maintains or operates facilities where abortions are performed, 7 22 or regularly makes referrals to an entity that provides 7 23 abortions or maintains or operates a facility where abortions 7 24 are performed. 7 25 The division directs the department of human services, 7 26 beginning with any contract entered into on or after July 1, 7 27 2017, to exclude from the award of federal temporary assistance 7 28 for needy families block grant funds appropriated to the 7 29 department for the community adolescent pregnancy prevention 7 30 and services program, any applicant entity that provides 7 31 abortions, maintains or operates a facility where abortions 7 32 are performed, or regularly makes referrals to an entity that 7 33 provides abortions or maintains or operates a facility where 7 34 abortions are performed. 7 35 Division III of the bill provides for a right of 8 1 intervention. The bill provides that a sponsor or cosponsors 8 2 of the bill, as an agent or agents of the state, shall have 8 3 standing to intervene on behalf of the general assembly as a 8 4 party in any judicial or administrative proceeding challenging 8 5 the provisions of the bill. 8 6 Division IV of the bill provides for severability of any 8 7 provision or application of the bill that is held invalid from 8 8 the provisions or applications of the bill which can be given 8 9 effect without the invalid provisions or application. LSB 1117YH (24) 87 pf/rn/rj
