Senate File 2 - Introduced 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 A BILL FOR An Act relating to the establishment of a state family planning 1 services program, and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1755XS (3) 87 pf/rj

S.F. 2 Section 1. STATE FAMILY PLANNING SERVICES PROGRAM —— 1 ESTABLISHMENT —— DISCONTINUATION OF MEDICAID FAMILY PLANNING 2 NETWORK WAIVER. 3 1. The department of human services shall discontinue the 4 Medicaid family planning network waiver effective July 1, 2017, 5 and shall instead establish a state family planning services 6 program. The state program shall replicate the eligibility 7 requirements and other provisions included in the Medicaid 8 family planning network waiver as approved by the centers for 9 Medicare and Medicaid services of the United States department 10 of health and human services in effect on June 30, 2017, but 11 shall provide for distribution of the family planning services 12 program funds in accordance with this section. 13 2. Distribution of family planning services program funds 14 shall be made to eligible applicants in the following order of 15 priority: 16 a. Public entities that provide family planning services 17 including state, county, or local community health clinics and 18 federally qualified health centers. 19 b. Nonpublic entities that, in addition to family planning 20 services, provide required primary health services as described 21 in 42 U.S.C. §254b(b)(1)(A). 22 c. Nonpublic entities that provide family planning 23 services but do not provide required primary health services as 24 described in 42 U.S.C. §254b(b)(1)(A). 25 3. Distribution of family planning services program funds 26 under this section shall be made in a manner that continues 27 access to family planning services. 28 4. Distribution of family planning services program funds 29 shall not be made to any entity that performs abortions or that 30 maintains or operates a facility where abortions are performed. 31 For the purposes of this section, “abortion” does not include 32 any of the following: 33 a. The treatment of a woman for a physical disorder, 34 physical injury, or physical illness, including a 35 -1- LSB 1755XS (3) 87 pf/rj 1/ 4

S.F. 2 life-endangering physical condition caused by or arising from 1 the pregnancy itself, that would, as certified by a physician, 2 place the woman in danger of death. 3 b. The treatment of a woman for a spontaneous abortion, 4 commonly known as a miscarriage, when not all of the products 5 of human conception are expelled. 6 5. Family planning services program funds distributed in 7 accordance with this section shall not be used for direct or 8 indirect costs, including but not limited to administrative 9 costs or expenses, overhead, employee salaries, rent, and 10 telephone and other utility costs, related to providing 11 abortions as specified in subsection 4. 12 6. The department of human services shall submit a report to 13 the governor and the general assembly, annually by January 1, 14 listing any entities that received funds pursuant to subsection 15 2, paragraph “c”, and the amount and type of funds received by 16 such entities during the preceding calendar year. The report 17 shall provide a detailed explanation of how the department 18 determined that distribution of family planning services 19 program funds to such an entity, instead of to an entity 20 described in subsection 2, paragraph “a” or “b”, was necessary 21 to prevent severe limitation or elimination of access to family 22 planning services in the region of the state where the entity 23 is located. 24 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 25 immediate importance, takes effect upon enactment. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to the establishment of a state family 30 planning services program and the discontinuation of the 31 Medicaid family planning network waiver. 32 The bill directs the department of human services (DHS) 33 to discontinue the Medicaid family planning network waiver 34 effective July 1, 2017, and to instead establish a state family 35 -2- LSB 1755XS (3) 87 pf/rj 2/ 4

S.F. 2 planning services program. The state program is to replicate 1 the eligibility requirements and other provisions included in 2 the Medicaid family planning network waiver, but the program 3 funds are to be distributed in accordance with a prioritization 4 schedule specified in the bill. 5 The program funds are to be distributed in a manner that 6 continues access to family planning services, but are not 7 to be distributed to any entity that performs abortions or 8 that maintains or operates a facility where abortions are 9 performed. For the purposes of the bill, “abortion” does not 10 include either of the following: The treatment of a woman for 11 a physical disorder, physical injury, or physical illness, 12 including a life-endangering physical condition caused by or 13 arising from the pregnancy itself, that would, as certified 14 by a physician, place the woman in danger of death; or the 15 treatment of a woman for a spontaneous abortion, commonly 16 known as a miscarriage, when not all of the products of human 17 conception are expelled. 18 The bill also specifies that the funds distributed shall 19 not be used for direct or indirect costs, including but not 20 limited to administrative costs or expenses, overhead, employee 21 salaries, rent, and telephone and other utility costs, related 22 to providing abortions. 23 The bill requires DHS to submit a report to the governor 24 and the general assembly annually by January 1 listing any 25 entities that received program funds that are in the lowest 26 position of priority described as nonpublic entities that 27 provide family planning services but do not provide required 28 primary health services as defined in federal law, as well as 29 the amount and type of funds received by such entities during 30 the preceding calendar year. The report is also to include a 31 detailed explanation of how DHS determined that distribution of 32 program funds to such an entity was necessary to prevent severe 33 limitation or elimination of access to family planning services 34 in the region of the state where the entity is located. 35 -3- LSB 1755XS (3) 87 pf/rj 3/ 4