SF 2 (LSB 1755XS (7) 87)

SENATE FILE 2

BY  SINCLAIR, ANDERSON, BEHN, BERTRAND, BREITBACH, BROWN, CHAPMAN, CHELGREN, COSTELLO, DAWSON, DIX, EDLER, FEENSTRA, GARRETT, GREENE, GUTH, C. JOHNSON, KAPUCIAN, KRAAYENBRINK, LOFGREN, ROZENBOOM, SCHNEIDER, SCHULTZ, SEGEBART, SHIPLEY, SMITH, WHITVER, ZAUN, and ZUMBACH

(As Amended and Passed by the Senate 2017-02-07)

A BILL FOR

An Act relating to the establishment of a state family planning services program, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  217.41B  State family planning services program —— establishment —— discontinuation of Medicaid family planning network waiver.
   1.  The department of human services shall discontinue the Medicaid family planning network waiver effective July 1, 2017, and shall instead establish a state family planning services program. The state program shall replicate the eligibility requirements and other provisions included in the Medicaid family planning network waiver as approved by the centers for Medicare and Medicaid services of the United States department of health and human services in effect on June 30, 2017, but shall provide for distribution of the family planning services program funds in accordance with this section.
   2.  Distribution of family planning services program funds shall be made to eligible applicants in the following order of priority:
   a.  Public entities that provide family planning services including state, county, or local community health clinics and federally qualified health centers.
   b.  Nonpublic entities that, in addition to family planning services, provide required primary health services as described in 42 U.S.C. §254b(b)(1)(A).
   c.  Nonpublic entities that provide family planning services but do not provide required primary health services as described in 42 U.S.C. §254b(b)(1)(A).
   3.  Distribution of family planning services program funds under this section shall be made in a manner that continues access to family planning services.
   4.  Distribution of family planning services program funds shall not be made to any entity that performs abortions or that maintains or operates a facility where abortions are performed. For the purposes of this section, “abortion” does not include any of the following:
   a.  The treatment of a woman for a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death.
   b.  The treatment of a woman for a spontaneous abortion, commonly known as a miscarriage, when not all of the products of human conception are expelled.
   5.  Family planning services program funds distributed in accordance with this section shall not be used for direct or indirect costs, including but not limited to administrative costs or expenses, overhead, employee salaries, rent, and telephone and other utility costs, related to providing abortions as specified in subsection 4.
   6.  The department of human services shall submit a report to the governor and the general assembly, annually by January 1, listing any entities that received funds pursuant to subsection 2, paragraph “c”, and the amount and type of funds received by such entities during the preceding calendar year. The report shall provide a detailed explanation of how the department determined that distribution of family planning services program funds to such an entity, instead of to an entity described in subsection 2, paragraph “a” or “b”, was necessary to prevent severe limitation or elimination of access to family planning services in the region of the state where the entity is located.
    Sec. 2.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.