House File 376 - Introduced
HOUSE FILE
BY LUKAN
(COMPANION TO LSB 2534SS
BY BEHN)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the limitations regarding family planning
2 grant funds and recipients of such funds.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2534HH 81
5 pf/cf/24
PAG LIN
1 1 Section 1. NEW SECTION. 146A.1 DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Abortion" means the use or prescription of any
1 5 instrument, medicine, drug, or any other substance or device
1 6 to intentionally terminate the pregnancy of a female known to
1 7 be pregnant, with an intention other than to prevent the death
1 8 of the female, increase the probability of a live birth,
1 9 preserve the life or health of the child after live birth, or
1 10 remove a dead fetus.
1 11 2. "Family planning grant funds" means funds distributed
1 12 under the maternal and child health services block grant
1 13 pursuant to Title V of the federal Social Security Act, the
1 14 social services block grant program under Title XX of the
1 15 federal Social Security Act, the federal family planning
1 16 services grant under Title X of the federal Public Health
1 17 Services Act, or any state program whose funds are or may be
1 18 used to fund family planning services.
1 19 3. "Family planning services" means preconception services
1 20 that limit or enhance fertility, including methods of
1 21 contraception, the management of infertility, preconception
1 22 counseling, education, and general reproductive health care.
1 23 4. "Nondirective counseling" means providing patients with
1 24 any of the following:
1 25 a. A list of health care providers and social service
1 26 providers that provide prenatal care, childbirth care, infant
1 27 care, foster care, adoption services, alternatives to
1 28 abortion, or abortion services.
1 29 b. Nondirective marketing information regarding the
1 30 providers specified under paragraph "a".
1 31 5. "Public advocacy" means engaging in any of the
1 32 following:
1 33 a. Regularly engaging in efforts to encourage the passage
1 34 or defeat of legislation pertaining to the continued or
1 35 expanded availability of abortion.
2 1 b. Publicly endorsing or recommending the election or
2 2 defeat of a candidate for public office based on the
2 3 candidate's position on the legality of abortion.
2 4 c. Engaging in civil litigation against a unit of
2 5 government as a plaintiff seeking to enjoin or otherwise
2 6 prohibit enforcement of a statute, ordinance, rule or
2 7 regulation pertaining to abortion.
2 8 Sec. 2. NEW SECTION. 146A.2 FAMILY PLANNING GRANT FUNDS
2 9 == LIMITATIONS.
2 10 Family planning grant funds shall not be used for any of
2 11 the following:
2 12 1. Directly or indirectly subsidizing abortion services or
2 13 administrative expenses.
2 14 2. Payments or grants to an organization or an affiliate
2 15 of an organization that provides abortion services, unless the
2 16 affiliate is independent as provided in section 146A.4.
2 17 3. Payments or grants to an organization that has adopted
2 18 or maintains a policy in writing or through oral public
2 19 statements that abortion is considered part of a continuum of
2 20 family planning services, reproductive health services, or
2 21 both.
2 22 Sec. 3. NEW SECTION. 146A.3 RECIPIENTS OF FAMILY
2 23 PLANNING GRANTS == AUTHORIZED ACTIVITIES.
2 24 An organization that receives family planning grant funds
2 25 shall comply with all of the following provisions:
2 26 1. The organization may provide nondirective counseling
2 27 relating to pregnancy, but shall not directly refer patients
2 28 who seek abortion services to any organization that provides
2 29 abortion services, including an independent affiliate, as
2 30 described in section 146A.4, of the organization receiving
2 31 family planning grant funds.
2 32 2. The organization shall not display and shall not
2 33 distribute to patients marketing materials about abortion
2 34 services.
2 35 3. The organization shall not engage in public advocacy
3 1 promoting the legality or accessibility of abortion.
3 2 4. The organization shall be separately incorporated from
3 3 any affiliated organization that provides abortion services.
3 4 Sec. 4. NEW SECTION. 146A.4 INDEPENDENT AFFILIATES.
3 5 1. An organization that receives family planning grant
3 6 funds shall not be affiliated with an organization that
3 7 provides abortion services unless the organizations are
3 8 independent of one another. An organization is deemed
3 9 independent from another if the organizations do not share any
3 10 of the following:
3 11 a. The same or a similar name.
3 12 b. Medical facilities or nonmedical facilities, including
3 13 but not limited to business offices, treatment rooms,
3 14 consultation rooms, examination rooms, and waiting rooms.
3 15 c. Expenses.
3 16 d. Employees.
3 17 e. Equipment or supplies, including but not limited to
3 18 computers, telephone systems, telecommunications equipment,
3 19 and office supplies.
3 20 2. An organization that receives family planning grant
3 21 funds and is affiliated with an organization that provides
3 22 abortion services shall maintain financial records that
3 23 demonstrate strict compliance with this section, demonstrate
3 24 that the organization is independent of the affiliate, and
3 25 that the independent affiliate that provides abortion services
3 26 receives no direct or indirect economic or marketing benefit
3 27 from the family planning grant funds.
3 28 Sec. 5. NEW SECTION. 146A.5 INDEPENDENT AUDIT.
3 29 An organization applying for family planning grant funds
3 30 shall submit with the application a copy of the organization's
3 31 most recent independent audit to ensure that the organization
3 32 is in compliance with section 146A.4. The independent audit
3 33 for which documentation is submitted shall have been conducted
3 34 within the two=year period preceding submission of the
3 35 application for family planning grant funds.
4 1 Sec. 6. NEW SECTION. 146A.6 ORGANIZATIONS RECEIVING
4 2 FEDERAL TITLE X FUNDS.
4 3 This chapter shall not be interpreted to prohibit an
4 4 organization that receives funds under Title X of the federal
4 5 Public Health Services Act from performing any service that is
4 6 required to be provided as a condition of receiving such funds
4 7 as specified by the provisions of the Act or the guidelines
4 8 for project grants for family planning services published by
4 9 the United States department of health and human services.
4 10 EXPLANATION
4 11 This bill establishes limitations on family planning grant
4 12 funds, the activities that recipients of family planning grant
4 13 funds may engage in, and the affiliations of recipients with
4 14 organizations that provide abortion services.
4 15 The bill provides that family planning grant funds are not
4 16 to be expended to directly or indirectly subsidize abortion
4 17 services or administrative expenses; paid or granted to an
4 18 organization or an affiliate of an organization that provides
4 19 abortion services, unless the affiliate is independent; or
4 20 paid or granted to an organization that has adopted or
4 21 maintains a policy in writing or through oral public
4 22 statements that abortion is considered part of a continuum of
4 23 family planning services, reproductive health services, or
4 24 both.
4 25 Additionally, the bill provides that an organization that
4 26 receives family planning grant funds may provide nondirective
4 27 counseling relating to pregnancy, but shall not directly refer
4 28 patients who seek abortion services to any organization that
4 29 provides abortion services, shall not display and shall not
4 30 distribute to patients marketing materials about abortion
4 31 services, shall not engage in public advocacy promoting the
4 32 legality or accessibility of abortion, and shall be separately
4 33 incorporated from any affiliated organization that provides
4 34 abortion services.
4 35 The bill prohibits an organization that receives family
5 1 planning grant funds from being affiliated with an
5 2 organization that provides abortion services unless the
5 3 organizations are independent of one another. The bill
5 4 specifies the requirements for deeming an organization
5 5 independent from another and requires the maintaining of
5 6 financial records that demonstrate strict compliance with this
5 7 provision.
5 8 The bill requires an organization applying for family
5 9 planning grant funds to submit with the application a copy of
5 10 the organization's most recent independent audit, which audit
5 11 must have been conducted within the two=year period preceding
5 12 the submission of the application.
5 13 The bill also provides that the provisions of the bill are
5 14 not to be interpreted as prohibiting an organization that
5 15 receives funds under Title X of the federal Public Health
5 16 Services Act from performing any service that is required to
5 17 be provided as a condition of receiving such funds.
5 18 LSB 2534HH 81
5 19 pf:nh/cf/24