SENATE BILL 289
51st legislature - STATE OF NEW MEXICO - second session, 2014
INTRODUCED BY
Craig W. Brandt
AN ACT
RELATING TO HEALTH CARE; ENACTING THE WHOLE WOMAN'S HEALTH FUNDING PRIORITIES ACT; PROVIDING FOR THE PRIORITIZATION OF PUBLIC FUNDS ALLOCATED FOR FAMILY PLANNING SERVICES; PROHIBITING THE USE OF PUBLIC FUNDS FOR ENTITIES THAT PERFORM NON-FEDERALLY QUALIFIED ABORTIONS OR OPERATE OR MAINTAIN FACILITIES THAT PERFORM NON-FEDERALLY QUALIFIED ABORTIONS; PROVIDING FOR ATTORNEY GENERAL ENFORCEMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Whole Woman's Health Funding Priorities Act".
SECTION 2. [NEW MATERIAL] FINDINGS AND PURPOSE.--
A. The legislature finds that limited federal and state public funding exists for family planning and preventative health services for women, generally, and for maternal and fetal patients in particular. Further, fiscal constraints mandate that the state allocate available funding efficiently, prioritizing funds to the most efficient point-of-service health care providers.
B. The legislature finds that public and private providers of primary care and preventative care utilize public funds more effectively than specialized providers of health care services that focus on particular medical services or discrete patient populations. The legislature further finds that health care costs are lowered when primary and preventative care is provided in a setting that addresses the whole person by emphasizing counseling, screening and early detection of leading causes of morbidity and mortality, including diabetes, hypertension, obesity, cardiovascular and renal diseases and asthma.
C. The legislature finds that delivery of these critical services is best accomplished through a single point-of-service provider such as a primary care clinician who can provide comprehensive care and who has knowledge of the patient's medical history and personal, familial and environmental health factors. The legislature further finds that maternal and fetal patients should have access to comprehensive medical care, including preconception and prenatal care, in order to reduce maternal and fetal morbidity and mortality. Consequently, it is the intention of the legislature to prioritize the distribution of public funds for family planning, reproductive health care and maternal and fetal care to primary and preventive care providers. Moreover, it is the public policy of the state that public funds shall not be used, directly or indirectly, to provide nontherapeutic abortion procedures.
SECTION 3. [NEW MATERIAL] DEFINITIONS.--As used in the Whole Woman's Health Funding Priorities Act:
A. "abortion" means the use of any means to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination will cause, with reasonable likelihood, the death of the unborn child. Abortion does not include the use of birth control devices or oral contraceptives, termination of an ectopic pregnancy, the use of any means to increase the probability of a live birth or the removal of a dead fetus;
B. "department" means the department of health;
C. "federally qualified health center" means a health care provider that is eligible for federal funding under Title 19 of the federal Social Security Act;
D. "hospital" means a primary or tertiary care facility licensed pursuant to Chapter 24, Article 1 NMSA 1978;
E. "non-federally qualified abortion" means an abortion that is not qualified for federal reimbursement under the medicaid program pursuant to the federal Social Security Act;
F. "public funds" means state funds from whatever source, including funds provided pursuant to the federal Public Health Service Act and the federal Social Security Act; and
G. "rural health clinic" means a health care provider that is eligible for federal funding under 42 U.S.C. Section 1395x(aa)(2).
SECTION 4. [NEW MATERIAL] PRIORITIZATION OF PUBLIC FUNDS TO CERTAIN HEALTH CARE ENTITIES.--
A. Any expenditure of public funds for family planning services shall be made in the following order of priority to:
(1) public entities;
(2) nonpublic hospitals and federally qualified health centers;
(3) rural health clinics; and
(4) nonpublic health providers that have as their primary purpose provision of the primary health care services enumerated in 42 U.S.C. Section 254b(a)(1).
B. The department shall not enter into a contract with or make a grant to any entity that performs non-federally qualified abortions or maintains or operates a facility where non-federally qualified abortions are performed.
SECTION 5. [NEW MATERIAL] ENFORCEMENT.--
A. The attorney general shall have authority to bring an action to enforce the provisions of the Whole Woman's Health Funding Priorities Act and may petition the court for declaratory or injunctive relief and restitution.
B. If the state prevails in an action pursuant to this section, the state shall be entitled to recover the costs of investigation, costs of the action and reasonable attorney fees.
SECTION 6. [NEW MATERIAL] RIGHT OF INTERVENTION.--The legislature, through one or more appointed representatives, may intervene as a matter of right in any case in which the constitutionality of the Whole Woman's Health Funding Priorities Act is challenged.
SECTION 7. [NEW MATERIAL] SEVERABILITY.--If any part or application of the Whole Woman's Health Funding Priorities Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
SECTION 8. [NEW MATERIAL] EFFECT ON APPROPRIATIONS.--Any contract or appropriation of public funds made by the department in violation of the provisions of the Whole Woman's Health Funding Priorities Act shall be null and void and any funds allocated in violation of that act shall be reallocated to eligible entities.
SECTION 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2014.
- 5 -