SF 193

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; modifying medical assistance
coverage of abortion services; amending Minnesota
Statutes 2004, section 256B.0625, subdivision 16.

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

Section 1.

Minnesota Statutes 2004, section 256B.0625,
subdivision 16, is amended to read:

Subd. 16.

Abortion services.

Medical assistance covers
abortion services, but only if one of the following conditions
is met:

(a) The abortion is a medical necessity. "Medical
necessity" means (1) the signed written statement of two
physicians indicating the abortion is medically necessary to
prevent the death of the mother, and (2) the patient has given
her consent to the abortion in writing unless the patient is
physically or legally incapable of providing informed consent to
the procedure, in which case consent will be given as otherwise
provided by law;

(b) The pregnancy is the result of criminal sexual conduct
as defined in section 609.342, clauses (c), (d), (e)(i), and
(f), and the incident is reported within 48 hours after the
incident occurs to a valid law enforcement agency for
investigation, unless the victim is physically unable to report
the criminal sexual conduct, in which case the report shall be
made within 48 hours after the victim becomes physically able to
report the criminal sexual conduct; deleted text begin or
deleted text end

(c) The pregnancy is the result of incest, but only if the
incident and relative are reported to a valid law enforcement
agency for investigation prior to the abortion new text begin ; or
new text end

new text begin (d) The abortion is for a therapeutic reason. For purposes
of this section, an abortion is for a therapeutic reason if:
new text end

new text begin (1) a physician has signed a written statement indicating
that the failure to terminate the pregnancy through abortion
will aggravate a medical condition that preexisted the pregnancy
to such an extent that, under the community's standard of care,
treatment of the aggravated condition will require
hospitalization of the mother; and
new text end

new text begin (2) the patient has given her consent to the abortion in
writing unless the patient is physically or legally incapable of
providing informed consent to the procedure, in which case
consent shall be given as otherwise provided by law new text end .