1.1 	A bill for an act
1.2 	relating to health; modifying medical assistance
1.3 	coverage of abortion services; amending Minnesota
1.4 	Statutes 2004, section 256B.0625, subdivision 16.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 256B.0625,
1.7 	subdivision 16, is amended to read:
1.8 		Subd. 16.Abortion services.  Medical assistance covers
1.9 	abortion services, but only if one of the following conditions
1.10 	is met:
1.11 	(a) The abortion is a medical necessity.  "Medical
1.12 	necessity" means (1) the signed written statement of two
1.13 	physicians indicating the abortion is medically necessary to
1.14 	prevent the death of the mother, and (2) the patient has given
1.15 	her consent to the abortion in writing unless the patient is
1.16 	physically or legally incapable of providing informed consent to
1.17 	the procedure, in which case consent will be given as otherwise
1.18 	provided by law;
1.19 	(b) The pregnancy is the result of criminal sexual conduct
1.20 	as defined in section 609.342, clauses (c), (d), (e)(i), and
1.21 	(f), and the incident is reported within 48 hours after the
1.22 	incident occurs to a valid law enforcement agency for
1.23 	investigation, unless the victim is physically unable to report
1.24 	the criminal sexual conduct, in which case the report shall be
1.25 	made within 48 hours after the victim becomes physically able to
2.1 	report the criminal sexual conduct; or 
2.2 	(c) The pregnancy is the result of incest, but only if the
2.3 	incident and relative are reported to a valid law enforcement
2.4 	agency for investigation prior to the abortion; or 
2.5 	(d) The abortion is for a therapeutic reason.  For purposes
2.6 	of this section, an abortion is for a therapeutic reason if:
2.7 	(1) a physician has signed a written statement indicating
2.8 	that the failure to terminate the pregnancy through abortion
2.9 	will aggravate a medical condition that preexisted the pregnancy
2.10 	to such an extent that, under the community's standard of care,
2.11 	treatment of the aggravated condition will require
2.12 	hospitalization of the mother; and 
2.13 	(2) the patient has given her consent to the abortion in
2.14 	writing unless the patient is physically or legally incapable of
2.15 	providing informed consent to the procedure, in which case
2.16 	consent shall be given as otherwise provided by law.