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Minnesota Legislature

Office of the Revisor of Statutes

HF 2676

as introduced - 87th Legislature (2011 - 2012) Posted on 03/27/2012 04:45pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/05/2012

Current Version - as introduced

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A bill for an act
relating to health; modifying eligibility for grants; amending Minnesota Statutes
2010, section 145.4235, subdivision 2.

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

Section 1.

Minnesota Statutes 2010, section 145.4235, subdivision 2, is amended to
read:


Subd. 2.

Eligibility for grants.

(a) The commissioner shall award grants to eligible
applicants under paragraph (c) for the reasonable expenses of alternatives to abortion
programs to support, encourage, and assist women in carrying their pregnancies to term
and caring for their babies after birth by providing information on, referral to, and
assistance with securing necessary services that enable women to carry their pregnancies
to term and care for their babies after birth. Necessary services must include, but are
not limited to:

(1) medical care;

(2) nutritional services;

(3) housing assistance;

(4) adoption services;

(5) education and employment assistance, including services that support the
continuation and completion of high school;

(6) child care assistance; and

(7) parenting education and support services.

An applicant may not provide or assist a woman to obtain adoption services from a
provider of adoption services that is not licensed.

(b) In addition to providing information and referral under paragraph (a), an eligible
program may provide one or more of the necessary services under paragraph (a) that
assists women in carrying their pregnancies to term. To avoid duplication of efforts,
grantees may refer to other public or private programs, rather than provide the care
directly, if a woman meets eligibility criteria for the other programs.

(c) To be eligible for a grant, an agency or organization must:

(1) be a private, nonprofit organization;

(2) demonstrate that the program is conducted under appropriate supervision;

(3) not charge women for services provided under the program;

(4) provide each pregnant woman counseled with accurate information on the
developmental characteristics of babies and of unborn children, including offering the
printed information described in section 145.4243;

(5) ensure that its alternatives-to-abortion program's purpose is to assist and
encourage women in carrying their pregnancies to term and to maximize their potentials
thereafter;

(6) ensure that none of the money provided is used to encourage or affirmatively
counsel a woman to have an abortion not necessary to prevent her death, to provide her an
abortion, or to directly refer her to an abortion provider for an abortion. The agency or
organization may provide nondirective counseling; and

(7) have had the alternatives to abortion program in existence for at least one year
as of July 1, deleted text begin2005deleted text endnew text begin 2011new text end; or incorporated an alternative to abortion program that has been
in existence for at least one year as of July 1, deleted text begin2005deleted text endnew text begin 2011new text end.

(d) The provisions, words, phrases, and clauses of paragraph (c) are inseverable
from this subdivision, and if any provision, word, phrase, or clause of paragraph (c) or
its application to any person or circumstance is held invalid, the invalidity applies to all
of this subdivision.

(e) An organization that provides abortions, promotes abortions, or directly refers to
an abortion provider for an abortion is ineligible to receive a grant under this program. An
affiliate of an organization that provides abortions, promotes abortions, or directly refers
to an abortion provider for an abortion is ineligible to receive a grant under this section
unless the organizations are separately incorporated and independent from each other. To
be independent, the organizations may not share any of the following:

(1) the same or a similar name;

(2) medical facilities or nonmedical facilities, including but not limited to, business
offices, treatment rooms, consultation rooms, examination rooms, and waiting rooms;

(3) expenses;

(4) employee wages or salaries; or

(5) equipment or supplies, including but not limited to, computers, telephone
systems, telecommunications equipment, and office supplies.

(f) An organization that receives a grant under this section and that is affiliated
with an organization that provides abortion services must maintain financial records
that demonstrate strict compliance with this subdivision and that demonstrate that
its independent affiliate that provides abortion services receives no direct or indirect
economic or marketing benefit from the grant under this section.

(g) The commissioner shall approve any information provided by a grantee on the
health risks associated with abortions to ensure that the information is medically accurate.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from February 1, 2012.
new text end