SF 2381 (LSB 5727XS (7) 91)

SENATE FILE 2381

BY  WAHLS, PETERSEN, BENNETT, and TRONE GARRIOTT

A BILL FOR

An Act relating to nonmedical pregnancy resource centers, making appropriations, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  146F.1  Nonmedical pregnancy resource centers.
   1.  For purposes of this chapter, “nonmedical pregnancy resource center” means an entity described by all of the following:
   a.  The entity is not licensed in this state to provide medical services.
   b.  The entity provides individuals with counseling services related to pregnancy and childbirth, including but not limited to referrals to nonmedical services, child-rearing resources, and adoption services.
   c.  The entity does not provide referrals for abortions.
   2.  A nonmedical pregnancy resource center shall do all of the following:
   a.  Provide public disclosure in large, readable, boldface type, that the nonmedical pregnancy resource center is not a licensed health care provider. The public disclosure shall include information regarding the hospital or clinic closest to the location of the nonmedical pregnancy resource center that provides pregnancy delivery services. The disclosure shall be available as follows:
   (1)  Displayed in a prominent manner in a conspicuous physical location that is clearly visible to the public from the outside of each entrance to the nonmedical pregnancy resource center.
   (2)  Included in all of the nonmedical pregnancy resource center’s advertising, marketing materials, and other media the nonmedical pregnancy resource center releases to the public.
   (3)  Posted on the nonmedical pregnancy resource center’s internet site. The posted disclosure shall be readily accessible to the public.
   (4)  Included in all office forms distributed by the nonmedical pregnancy resource center.
   b.  Ensure that each ultrasound performed at the nonmedical pregnancy resource center is performed by a health care provider licensed in this state and qualified to interpret ultrasound results.
   c.  Maintain confidentiality, in compliance with state and federal laws, of all data, files, and records related to the services provided to individuals. A nonmedical pregnancy resource center shall comply with the federal Health Insurance Portability and Accountability Act or HIPAA as defined in section 135D.2, regardless of whether the nonmedical pregnancy resource center is a covered entity as defined under HIPAA or is otherwise subject to HIPAA.
   3.  The department of health and human services shall establish a complaint process for the submission of reports of alleged violations of this chapter, including but not limited to alleged violations of administrative rules.
   4.  A governmental entity, including the department of health and human services, shall not renew, extend, or enter into a contract with any nonmedical pregnancy resource center.
   5.  The department of health and human services shall adopt rules pursuant to chapter 17A to implement and administer this chapter.
    Sec. 2.  REPEAL.  Section 217.41C, Code 2026, is repealed.
    Sec. 3.  DEPARTMENT OF HEALTH AND HUMAN SERVICES —— MORE OPTIONS FOR MATERNAL SUPPORT PROGRAM —— TERMINATION.
   1.  For purposes of this section:
   a.  “Department” means the department of health and human services.
   b.  “MOMS program” means the more options for maternal support program created in section 217.41C.
   2.  The department is directed to terminate the MOMS program on or before August 31, 2026.
   3.  All funds appropriated to the department for the MOMS program that remain unobligated and unencumbered on the date the MOMS program terminates shall be transferred to the department to increase reimbursement rates for labor and delivery services provided under the medical assistance program pursuant to chapter 249A.
    Sec. 4.  DEPARTMENT OF HEALTH AND HUMAN SERVICES —— MEDICAL ASSISTANCE PROGRAM —— LABOR AND DELIVERY REIMBURSEMENT RATE INCREASE.  There is appropriated from the general fund of the state to the department of health and human services for the fiscal year beginning July 1, 2026, and ending June 30, 2027, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   To increase the reimbursement rates for labor and delivery services provided under the medical assistance program pursuant to chapter 249A:
   ...................................................................... $  1,000,000
    Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to nonmedical pregnancy resource centers (resource centers).
   The bill defines “nonmedical pregnancy resource center” as an entity that is not licensed in this state to provide medical services; provides individuals with counseling services related to pregnancy and childbirth, including but not limited to referrals to nonmedical services, child-rearing resources, and adoption services; and does not provide referrals for abortions.
   The bill requires each resource center to disclose information regarding the hospital or clinic closest to the location of the resource center that provides pregnancy delivery services. The bill details requirements for availability of the disclosure.
   The bill requires each resource center to ensure that each ultrasound performed at the resource center is performed by a health care provider licensed in this state and qualified to interpret ultrasound results.
   The bill requires each resource center to maintain confidentiality, in compliance with state and federal laws, of all data, files, and records related to the services provided to individuals. A resource center shall comply with the federal Health Insurance Portability and Accountability Act (HIPAA) regardless of whether the resource center is a covered entity under HIPAA or is otherwise subject to HIPAA.
   The bill requires the department of health and human services (HHS) to establish a complaint process for the submission of reports of alleged violations of the bill.
   The bill eliminates the more options for maternal support (MOMS) program by repealing Code section 217.41C and directing HHS to terminate the MOMS program on or before August 31,2026. All funds appropriated to HHS for the MOMS program that remain unobligated and unencumbered on the date the MOMS program terminates shall be transferred to HHS to increase reimbursement rates for labor and delivery services provided under the medical assistance program.
   The bill appropriates $1 million from the general fund of the state to HHS for FY 2026-2027 to be used to increase the reimbursement rates for labor and delivery services provided under the medical assistance program.
   The bill takes effect upon enactment.