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.