HF 2512

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; eliminating public funding for 
  1.3             abortion services; amending Minnesota Statutes 2000, 
  1.4             sections 145.4131, subdivision 1; 256B.0625, 
  1.5             subdivision 16; 256B.40; 256L.03, subdivisions 1, 1a; 
  1.6             261.28; 393.07, subdivision 11; repealing Minnesota 
  1.7             Statutes 2000, section 145.4133. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 145.4131, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [FORMS.] (a) Within 90 days of July 1, 
  1.12  1998, the commissioner shall prepare a reporting form for use by 
  1.13  physicians or facilities performing abortions.  A copy of this 
  1.14  section shall be attached to the form.  A physician or facility 
  1.15  performing an abortion shall obtain a form from the commissioner.
  1.16     (b) The form shall require the following information: 
  1.17     (1) the number of abortions performed by the physician in 
  1.18  the previous calendar year, reported by month; 
  1.19     (2) the method used for each abortion; 
  1.20     (3) the approximate gestational age expressed in one of the 
  1.21  following increments:  
  1.22     (i) less than nine weeks; 
  1.23     (ii) nine to ten weeks; 
  1.24     (iii) 11 to 12 weeks; 
  1.25     (iv) 13 to 15 weeks; 
  1.26     (v) 16 to 20 weeks; 
  2.1      (vi) 21 to 24 weeks; 
  2.2      (vii) 25 to 30 weeks; 
  2.3      (viii) 31 to 36 weeks; or 
  2.4      (ix) 37 weeks to term; 
  2.5      (4) the age of the woman at the time the abortion was 
  2.6   performed; 
  2.7      (5) the specific reason for the abortion, including, but 
  2.8   not limited to, the following: 
  2.9      (i) the pregnancy was a result of rape; 
  2.10     (ii) the pregnancy was a result of incest; 
  2.11     (iii) economic reasons; 
  2.12     (iv) the woman does not want children at this time; 
  2.13     (v) the woman's emotional health is at stake; 
  2.14     (vi) the woman's physical health is at stake; 
  2.15     (vii) the woman will suffer substantial and irreversible 
  2.16  impairment of a major bodily function if the pregnancy 
  2.17  continues; 
  2.18     (viii) the pregnancy resulted in fetal anomalies; or 
  2.19     (ix) unknown or the woman refused to answer; 
  2.20     (6) the number of prior induced abortions; 
  2.21     (7) the number of prior spontaneous abortions; 
  2.22     (8) whether the abortion was paid for by: 
  2.23     (i) private coverage; or 
  2.24     (ii) public assistance health coverage; or 
  2.25     (iii) self-pay; 
  2.26     (9) whether coverage was under: 
  2.27     (i) a fee-for-service plan; 
  2.28     (ii) a capitated private plan; or 
  2.29     (iii) other; 
  2.30     (10) complications, if any, for each abortion and for the 
  2.31  aftermath of each abortion.  Space for a description of any 
  2.32  complications shall be available on the form; and 
  2.33     (11) the medical specialty of the physician performing the 
  2.34  abortion. 
  2.35     Sec. 2.  Minnesota Statutes 2000, section 256B.0625, 
  2.36  subdivision 16, is amended to read: 
  3.1      Subd. 16.  [ABORTION SERVICES.] Medical assistance 
  3.2   covers does not cover abortion services, but only if one of the 
  3.3   following conditions is met:. 
  3.4      (a) The abortion is a medical necessity.  "Medical 
  3.5   necessity" means (1) the signed written statement of two 
  3.6   physicians indicating the abortion is medically necessary to 
  3.7   prevent the death of the mother, and (2) the patient has given 
  3.8   her consent to the abortion in writing unless the patient is 
  3.9   physically or legally incapable of providing informed consent to 
  3.10  the procedure, in which case consent will be given as otherwise 
  3.11  provided by law; 
  3.12     (b) The pregnancy is the result of criminal sexual conduct 
  3.13  as defined in section 609.342, clauses (c), (d), (e)(i), and 
  3.14  (f), and the incident is reported within 48 hours after the 
  3.15  incident occurs to a valid law enforcement agency for 
  3.16  investigation, unless the victim is physically unable to report 
  3.17  the criminal sexual conduct, in which case the report shall be 
  3.18  made within 48 hours after the victim becomes physically able to 
  3.19  report the criminal sexual conduct; or 
  3.20     (c) The pregnancy is the result of incest, but only if the 
  3.21  incident and relative are reported to a valid law enforcement 
  3.22  agency for investigation prior to the abortion. 
  3.23     Sec. 3.  Minnesota Statutes 2000, section 256B.40, is 
  3.24  amended to read: 
  3.25     256B.40 [SUBSIDY FOR ABORTIONS PROHIBITED.] 
  3.26     No medical assistance funds of this state or any agency, 
  3.27  county, municipality or any other subdivision thereof and no 
  3.28  federal funds passing through the state treasury or the state 
  3.29  agency shall be authorized or paid pursuant to this chapter to 
  3.30  any person or entity for or in connection with any abortion that 
  3.31  is not eligible for funding pursuant to sections 256B.02, 
  3.32  subdivision 8, and 256B.0625. 
  3.33     Sec. 4.  Minnesota Statutes 2000, section 256L.03, 
  3.34  subdivision 1, is amended to read: 
  3.35     Subdivision 1.  [COVERED HEALTH SERVICES.] "Covered health 
  3.36  services" means the health services reimbursed under chapter 
  4.1   256B, with the exception of inpatient hospital services, special 
  4.2   education services, private duty nursing services, adult dental 
  4.3   care services other than preventive services, orthodontic 
  4.4   services, nonemergency medical transportation services, personal 
  4.5   care assistant and case management services, nursing home or 
  4.6   intermediate care facilities services, inpatient mental health 
  4.7   services, and chemical dependency services.  Effective July 1, 
  4.8   1998, adult dental care for nonpreventive services with the 
  4.9   exception of orthodontic services is available to persons who 
  4.10  qualify under section 256L.04, subdivisions 1 to 7, with family 
  4.11  gross income equal to or less than 175 percent of the federal 
  4.12  poverty guidelines.  Outpatient mental health services covered 
  4.13  under the MinnesotaCare program are limited to diagnostic 
  4.14  assessments, psychological testing, explanation of findings, 
  4.15  medication management by a physician, day treatment, partial 
  4.16  hospitalization, and individual, family, and group psychotherapy.
  4.17     No public funds shall be used for coverage of abortion 
  4.18  under MinnesotaCare except where the life of the female would be 
  4.19  endangered or substantial and irreversible impairment of a major 
  4.20  bodily function would result if the fetus were carried to term; 
  4.21  or where the pregnancy is the result of rape or incest. 
  4.22     Covered health services shall be expanded as provided in 
  4.23  this section. 
  4.24     Sec. 5.  Minnesota Statutes 2000, section 256L.03, 
  4.25  subdivision 1a, is amended to read: 
  4.26     Subd. 1a.  [COVERED SERVICES FOR PREGNANT WOMEN AND 
  4.27  CHILDREN UNDER MINNESOTACARE HEALTH CARE REFORM WAIVER.] 
  4.28  Beginning January 1, 1999, children and pregnant women are 
  4.29  eligible for coverage of all services that are eligible for 
  4.30  reimbursement under the medical assistance program according to 
  4.31  chapter 256B, except that abortion services under MinnesotaCare 
  4.32  shall be limited as provided under subdivision 1.  Pregnant 
  4.33  women and children are exempt from the provisions of subdivision 
  4.34  5, regarding copayments.  Pregnant women and children who are 
  4.35  lawfully residing in the United States but who are not 
  4.36  "qualified noncitizens" under title IV of the Personal 
  5.1   Responsibility and Work Opportunity Reconciliation Act of 1996, 
  5.2   Public Law Number 104-193, Statutes at Large, volume 110, page 
  5.3   2105, are eligible for coverage of all services provided under 
  5.4   the medical assistance program according to chapter 256B. 
  5.5      Sec. 6.  Minnesota Statutes 2000, section 261.28, is 
  5.6   amended to read: 
  5.7      261.28 [SUBSIDY FOR ABORTIONS PROHIBITED.] 
  5.8      No funds of this state or any subdivision thereof 
  5.9   administered under this chapter shall be authorized for or in 
  5.10  connection with any abortion that is not eligible for funding 
  5.11  pursuant to sections 256B.02, subdivision 8, and 256B.0625. 
  5.12     Sec. 7.  Minnesota Statutes 2000, section 393.07, 
  5.13  subdivision 11, is amended to read: 
  5.14     Subd. 11.  [ABORTION SERVICES; POLICY AND POWERS.] In 
  5.15  keeping with the public policy of Minnesota to give preference 
  5.16  to childbirth over abortion, Minnesota local social services 
  5.17  agencies shall not provide any medical assistance grant or 
  5.18  reimbursement for any abortion not eligible for funding pursuant 
  5.19  to sections 256B.02, subdivision 8, and 256B.0625. 
  5.20     Sec. 8.  [REPEALER.] 
  5.21     Minnesota Statutes 2000, section 145.4133, is repealed.