Bill Text: MI HB4322 | 2019-2020 | 100th Legislature | Introduced


Bill Title: Health; funding; prohibition for state to contract with providers that offer abortion services; provide for. Amends title & sec. 1 of 2002 PA 360 (MCL 333.1091).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-13 - Bill Electronically Reproduced 03/12/2019 [HB4322 Detail]

Download: Michigan-2019-HB4322-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4322

 

 

March 12, 2019, Introduced by Reps. Hornberger, Steven Johnson, Hoitenga, Maddock, Hall, Yaroch, Eisen, Calley, Reilly, Frederick, Griffin, Rendon, Wozniak, Filler, LaFave, Slagh, Mueller, Marino, Allor and Meerman and referred to the Committee on Families, Children, and Seniors.

 

     A bill to amend 2002 PA 360, entitled

 

"An act to revise the priority of allocation of funds for certain

programs and services administered by the department of community

health; and to prescribe the powers and duties of certain state

agencies and departments,"

 

by amending the title and section 1 (MCL 333.1091).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to revise the priority of allocation of funds for

 

certain programs and services administered by the department of

 

community health; prohibit the allocation of state funds to certain

 

entities; and to prescribe the certain powers and duties of certain

 

state agencies and departments.

 

     Sec. 1. (1) Except as otherwise provided in this section, it

 

It is the policy of this state for the department of community

 

health to give priority under this subsection in the allocation of


allocating funds through grants or contracts for educational and

 

other programs and services administered by the department of

 

community health and primarily pertaining to family planning or

 

reproductive health services, or both. This subsection applies to

 

grants or contracts awarded to a qualified entity that does not

 

engage in 1 or more of the following activities:to refrain from

 

allocating funds to an entity that considers an elective abortion

 

to be a part of the continuum of health care for purposes of family

 

planning or comprehensive reproductive health services.

 

     (a) Performing elective abortions or allowing the performance

 

of elective abortions within a facility owned or operated by the

 

qualified entity.

 

     (b) Referring a pregnant woman to an abortion provider for an

 

elective abortion.

 

     (c) Adopting or maintaining a policy in writing that elective

 

abortion is considered part of a continuum of family planning or

 

reproductive health services, or both.

 

     (2) If each of the entities applying for a grant or contract

 

described in subsection (1) engages in 1 or more of the activities

 

listed in subsection (1)(a) to (c), the department of community

 

health shall give priority to those entities that engage in the

 

least number of activities listed in subsection (1)(a) to (c).

 

     (3) Subsection (1) does not apply if the only applying entity

 

for a grant or contract described in subsection (1) engages in 1 or

 

more of the activities listed in subsection (1)(a) to (c).

 

     (4) Subsection (1) does not apply to grants or contracts

 

awarded by the department of community health other than family


planning and pregnancy prevention awards under subpart a of part 59

 

of title 42 of the Code of Federal Regulations or state

 

appropriated family planning or pregnancy prevention funds.

 

     (5) In applying the priority established in subsection (1),

 

the department of community health shall not take into

 

consideration an activity listed in subsection (1)(a) to (c) if

 

participating in that activity is required under federal law as a

 

qualification for receiving federal funding.

 

     (2) Notwithstanding any provision of law to the contrary, a

 

state department or other agency of this state shall not allocate

 

federal or state funds to an entity that performs more than 120

 

elective abortions per year on 1 or more of the entity's physical

 

properties and that advertises outpatient abortion services.

 

     (3) (6) If an entity applying for a contract or grant

 

described in subsection (1) is affiliated with another entity that

 

engages in 1 or more of the activities listed in subsection (1)(a)

 

to (c), described in subsection (2), the applying entity shall, is,

 

for purposes of awarding a grant or contract, under subsection (1),

 

be considered independent of the affiliated entity if all of the

 

following conditions are met:

 

     (a) The physical properties and equipment of the applying

 

entity are separate and not shared with the affiliated entity.

 

     (b) The financial records of the applying entity and

 

affiliated entity demonstrate that the affiliated entity receives

 

no funds from the applying entity.

 

     (c) The paid personnel of the applying entity do not perform

 

any function or duty on behalf of the affiliated entity while on


the physical property of the applying entity or during the hours

 

the personnel are being paid by the applying entity.

 

     (4) (7) The A state department of community health or other

 

agency of this state shall award grants and contracts to qualified

 

entities under this act to ensure that family planning educational,

 

support, and health services are adequately available and

 

distributed in a manner that is reflective of the geographic and

 

population diversity of this state. A qualified entity that is

 

awarded a grant or contract must also be capable of serving the

 

patient census reflected in the contract or grant for which the

 

qualified entity is applying.

 

     (5) (8) As used in this act:

 

     (a) "Affiliated" means the sharing between entities of 1 or

 

more of the following:

 

     (i) A common name or other identifier.

 

     (ii) Members of a governing board.

 

     (iii) A director.

 

     (iv) Paid personnel.

 

     (b) "Elective abortion" means the performance of a procedure

 

involving the intentional use of an instrument, drug, or other

 

substance or device to terminate a woman's pregnancy for a purpose

 

other than to increase the probability of a live birth, to preserve

 

the life or health of the child after live birth, or to remove a

 

dead fetus. Elective abortion does not include either of the

 

following:

 

     (i) The use or prescription of a drug or device intended as a

 

contraceptive.


     (ii) The intentional use of an instrument, drug, or other

 

substance or device by a physician to terminate a woman's pregnancy

 

if the woman's physical condition, in the physician's reasonable

 

medical judgment, necessitates the termination of the woman's

 

pregnancy to avert her death.

 

     (c) "Entity" means a local agency, organization, or

 

corporation or a subdivision, contractee, subcontractee, or grant

 

recipient of a local agency, organization, or corporation.

 

     (d) "Qualified entity" means an entity that has been reviewed

 

and determined by the allocating state department of community

 

health or other agency of this state to be technically and

 

logistically capable of providing the quality and quantity of

 

services required within a cost range considered appropriate by the

 

department or other agency and that does not engage in the

 

activities described in subsection (2).

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

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