HF 1962

as introduced - 90th Legislature (2017 - 2018) Posted on 03/02/2017 01:19pm

A bill for an act
relating to health; modifying requirements for the distribution of grants to provide
family planning services; amending Minnesota Statutes 2016, sections 145.882,
subdivisions 2, 3, 7; 145.925, subdivisions 1, 1a, by adding subdivisions; repealing
Minnesota Statutes 2016, section 145.925, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 145.882, subdivision 2, is amended to read:

Subd. 2.

Allocation to commissioner of health.

new text begin (a) new text end Beginning January 1, 1986, up to
one-third of the total maternal and child health block grant money may be retained by the
commissioner of health to:

(1) meet federal maternal and child block grant requirements of a statewide needs
assessment every five years and prepare the annual federal block grant application and
report;

(2) collect and disseminate statewide data on the health status of mothers and children
within one year of the end of the year;

(3) provide technical assistance to community health boards in meeting statewide
outcomes;

(4) evaluate the impact of maternal and child health activities on the health status of
mothers and children;

(5) provide services to children under age 16 receiving benefits under title XVI of the
Social Security Act; and

(6) perform other maternal and child health activities listed in section 145.88 and as
deemed necessary by the commissioner.

new text begin (b) Any money under this subdivision used by the commissioner for grants for the
provision of prepregnancy family planning services must be distributed under section
145.925.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 2.

Minnesota Statutes 2016, section 145.882, subdivision 3, is amended to read:

Subd. 3.

Allocation to community health boards.

(a) The maternal and child health
block grant money remaining after distributions made under subdivision 2 new text begin and used for
services other than prepregnancy family planning services new text end must be allocated according to
the formula in section 145A.131, subdivision 2, for distribution to community health boards. new text begin
Maternal and child health block grant money used for the provision of prepregnancy family
planning services must be distributed under section 145.925.
new text end

(b) A community health board that receives funding under this section shall provide at
least a 50 percent match for funds received under United States Code, title 42, sections 701
to 709. Eligible funds must be used to meet match requirements. Eligible funds include
funds from local property taxes, reimbursements from third parties, fees, other funds,
donations, nonfederal grants, or state funds received under the local public health grant
defined in section 145A.131, that are used for maternal and child health activities as described
in subdivision 7.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 3.

Minnesota Statutes 2016, section 145.882, subdivision 7, is amended to read:

Subd. 7.

Use of block grant money.

Maternal and child health block grant money
allocated to a community health board under this section must be used for qualified programs
for high risk and low-income individuals. Block grant money new text begin allocated under this section
or allocated for family planning services under section 145.925 new text end must be used for programs
that:

(1) specifically address the highest risk populations, particularly low-income and minority
groups with a high rate of infant mortality and children with low birth weight, by providing
services, including prepregnancy family planning services, calculated to produce measurable
decreases in infant mortality rates, instances of children with low birth weight, and medical
complications associated with pregnancy and childbirth, including infant mortality, low
birth rates, and medical complications arising from chemical abuse by a mother during
pregnancy;

(2) specifically target pregnant women whose age, medical condition, maternal history,
or chemical abuse substantially increases the likelihood of complications associated with
pregnancy and childbirth or the birth of a child with an illness, disability, or special medical
needs;

(3) specifically address the health needs of young children who have or are likely to
have a chronic disease or disability or special medical needs, including physical, neurological,
emotional, and developmental problems that arise from chemical abuse by a mother during
pregnancy;

(4) provide family planning and preventive medical care for specifically identified target
populations, such as minority and low-income teenagers, in a manner calculated to decrease
the occurrence of inappropriate pregnancy and minimize the risk of complications associated
with pregnancy and childbirth;

(5) specifically address the frequency and severity of childhood and adolescent health
issues, including injuries in high risk target populations by providing services calculated to
produce measurable decreases in mortality and morbidity;

(6) specifically address preventing child abuse and neglect, reducing juvenile delinquency,
promoting positive parenting and resiliency in children, and promoting family health and
economic sufficiency through public health nurse home visits under section 145A.17; or

(7) specifically address nutritional issues of women, infants, and young children through
WIC clinic services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 4.

Minnesota Statutes 2016, section 145.925, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Eligible organizations; deleted text end Purpose.

The commissioner of health deleted text begin may deleted text end new text begin shall new text end
make deleted text begin special deleted text end grants deleted text begin to cities, counties, groups of cities or counties, or nonprofit corporations deleted text end
to provide prepregnancy family planning services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 5.

Minnesota Statutes 2016, section 145.925, subdivision 1a, is amended to read:

Subd. 1a.

deleted text begin Family planning services; defined deleted text end new text begin Definitions new text end .

new text begin (a) For purposes of this
section, the following terms have the meanings given them.
new text end

new text begin (b) "Community health board" has the meaning given in section 145A.02, subdivision
5.
new text end

new text begin (c) "Family planning" means voluntary action by individuals to prevent or aid conception.
new text end

new text begin (d) new text end "Family planning services" means counseling by trained personnel regarding family
planning; distribution of information relating to family planning deleted text begin , deleted text end new text begin ; new text end referral to licensed
physicians or local health agencies for consultation, examination, medical treatment, genetic
counseling, and prescriptions for the purpose of family planning; and the distribution of
family planning products, such as charts, thermometers, drugs, medical preparations, and
contraceptive devices. For purposes of sections 145A.01 to 145A.14, family planning shall
mean voluntary action by individuals to prevent or aid conception but does not include the
performance, or make referrals for encouragement of voluntary termination of pregnancy.

new text begin (e) "Federally qualified health center" has the meaning given in section 145.9269,
subdivision 1.
new text end

new text begin (f) "Hospital" means a facility licensed as a hospital under section 144.55.
new text end

new text begin (g) "Public health clinic" means a health clinic operated by one or more local units of
government or community health boards or by the University of Minnesota and that has as
a primary focus the provision of primary and preventive health care services and
immunizations.
new text end

new text begin (h) "Rural health clinic" means a rural health clinic as defined in United States Code,
title 42, section 1395x(aa)(2), that is certified according to Code of Federal Regulations,
title 42, part 491, subpart A.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 6.

Minnesota Statutes 2016, section 145.925, is amended by adding a subdivision to
read:

new text begin Subd. 1b. new text end

new text begin Commissioner to apply for federal Title X funds. new text end

new text begin For each federal Title X
grant fund cycle, the commissioner shall apply to the federal Department of Health and
Human Services for grant funds under Title X of the federal Public Health Service Act,
United States Code, title 42, sections 300 to 300a-6.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective beginning with the 2018 federal
application deadline for Title X grant funds.
new text end

Sec. 7.

Minnesota Statutes 2016, section 145.925, is amended by adding a subdivision to
read:

new text begin Subd. 1c. new text end

new text begin State and federal funds distributed according to this section. new text end

new text begin The
commissioner shall distribute the following funds according to subdivision 1d:
new text end

new text begin (1) federal Title X funds received by the commissioner according to an application
submitted under subdivision 1b;
new text end

new text begin (2) funds appropriated from the general fund and the federal TANF fund for purposes
of grants under this section; and
new text end

new text begin (3) maternal and child health block grant funds used for prepregnancy family planning
services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 8.

Minnesota Statutes 2016, section 145.925, is amended by adding a subdivision to
read:

new text begin Subd. 1d. new text end

new text begin Distribution; eligible entities. new text end

new text begin The commissioner shall distribute the funds
specified in subdivision 1c to public entities, including community health boards and public
health clinics, that apply to the commissioner, according to procedures established by the
commissioner, for funds to provide family planning services. If any funds remain after the
commissioner fulfills all approved grant requests from public entities for the grant period,
the commissioner may distribute the remaining funds to nonpublic entities that:
new text end

new text begin (1) are hospitals, federally qualified health centers, or rural health clinics;
new text end

new text begin (2) provide comprehensive primary and preventive health care services in addition to
family planning services; and
new text end

new text begin (3) apply to the commissioner, according to procedures established by the commissioner,
for funds to provide family planning services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 9.

Minnesota Statutes 2016, section 145.925, is amended by adding a subdivision to
read:

new text begin Subd. 1e. new text end

new text begin Subgrants from public entities. new text end

new text begin (a) A public entity that receives funds from
the commissioner under subdivision 1d may distribute some or all of the funds as subgrants
to other public or private entities to provide family planning services. Except as provided
in paragraph (b), an entity is not eligible for a subgrant under this subdivision if the entity
provides abortion services or has an affiliate that provides abortion services.
new text end

new text begin (b) An entity that provides abortion services or has an affiliate that provides abortion
services is eligible for a subgrant under this subdivision if the entity or affiliate provides
abortion services solely when the abortion is directly and medically necessary to save the
life of the woman, provided a physician signs a certification stating the direct and medical
necessity of the abortion.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 10.

Minnesota Statutes 2016, section 145.925, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Reporting and publication of grant and subgrant recipients. new text end

new text begin At least once
every grant cycle, a public entity that distributes funds under subdivision 1e shall provide
the commissioner of health with a list of the entities that received subgrants to provide
family planning services and the amount of each subgrant. At least once every grant cycle,
the commissioner of health shall publish on the department's Web site a list of all the entities
that received funds as a grant from the commissioner under subdivision 1d or a subgrant
from a public entity under subdivision 1e, and the amount of the grant or subgrant received
by each entity.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2017.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 145.925, subdivision 2, new text end new text begin is repealed effective July 1,
2017.
new text end

APPENDIX

Repealed Minnesota Statutes: 17-3683

145.925 FAMILY PLANNING GRANTS.

Subd. 2.

Prohibition.

The commissioner shall not make special grants pursuant to this section to any nonprofit corporation which performs abortions. No state funds shall be used under contract from a grantee to any nonprofit corporation which performs abortions. This provision shall not apply to hospitals licensed pursuant to sections 144.50 to 144.56, or health maintenance organizations certified pursuant to chapter 62D.