SB 271 — An Act amending the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, in general budget implementation, further providing for Department of Human Services.

Bill Text

• Printer's No. 0409 View text Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill amends Pennsylvania law to establish priorities for funding family planning services and restrict public funds from being used to support entities that perform certain abortions.

• Section 1729-E

  The following shall apply: (5) (i) Subject to any applicable requirements of Federal statutes, rules, regulations or guidelines: (A) Any expenditures or grants of public funds for family planning services by the department shall be made in the following order of priority: (I) To nonpublic hospitals and federally qualified health centers. (II) To rural health clinics. (III) To State health centers. (IV) To nonpublic health providers that have as their primary purpose the provision of the primary health care services enumerated under section 254b(a)(1) of the Public Health Service Act (58 Stat. 682, 42 U.S.C. § 254b(a)(1)). (B) The department may not enter into a contract with or make a grant to any entity that performs abortions that are not federally qualified abortions or maintains or operates a facility where such abortions are performed, except as required by Federal law when the services are provided under Medicaid and by a qualified provider approved by the Centers for Medicaid and Medicare Services.

  Establishes a priority system for funding family planning services and prohibits funding to entities that perform certain types of abortions.

• Section 1729-E

  (ii) Nothing in this paragraph shall be construed to apply to the receipt or administration of public funds under Title XIX of the Social Security Act (49 Stat. 620, 42 U.S.C. § 1396 et seq.).

  Clarifies that the newly established funding priorities do not affect Medicaid funding under Title XIX.

• Section 1729-E

  (iii) The Attorney General may bring an action in law or equity to enforce the provisions of this paragraph and relief shall be available in appropriate circumstances, including, but not limited to, recoupment and declaratory and injunctive relief, including, but not limited to, suspension or debarment.

  Empowers the Attorney General to enforce compliance with the new funding provisions.

• Section 1729-E

  (iv) Any entity eligible for the receipt of public funds shall possess standing to bring any action that the Attorney General has authority to bring under the provisions of subparagraph (i), provided that, if an expenditure or grant of public funds made in violation of this paragraph results in the reduction of public funds and a court awards monetary relief, the amount recovered shall be deposited into one or more accounts maintained by the Commonwealth for public funds.

  Allows eligible entities to challenge violations of the funding restrictions and ensures that any recovered funds are returned to the Commonwealth.

• Section 1729-E

  (v) In an action brought under this paragraph, a prevailing plaintiff shall be entitled to an award of reasonable attorney fees and costs.

  Enables prevailing parties in enforcement actions to recover legal costs.

• Section 1729-E

  (vi) The General Assembly, through one or more members duly appointed by resolution of their respective chamber, may intervene as a matter of right in any case in which the constitutionality of this paragraph is challenged.

  Allows the General Assembly to intervene in legal challenges to the new provisions.

• Section 1729-E

  (vii) Any encumbrance of public funds in derogation of the provisions of subparagraph (i) shall be null and void as of the effective date of this paragraph, and the funds so encumbered shall be reallocated to eligible entities.

  Nullifies any prior commitments of public funds that violate the new funding priorities.

• Section 1729-E

  (viii) The following words and phrases when used in this paragraph shall have the meanings given to them in this subparagraph unless the context clearly indicates otherwise: ("Abortion." The use of any means to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will cause, with reasonable likelihood, the death of the unborn child..."Federally qualified abortion." An abortion qualified for Federal matching funds under the Medicaid program...)

  Defines key terms related to the funding restrictions and family planning services.

• Section 1729-E

  (ix) It is the intent of the General Assembly that every provision of this paragraph shall operate with equal force and shall be severable one from the other...

  Establishes the severability of the provisions in the event of legal challenges.

• Section 1729-E

  (x) This paragraph shall apply to fiscal years beginning after June 30, 2019.

  Sets a start date for the implementation of these provisions.

Action History

1. March 13, 2019

   PN 0409 Referred to HEALTH AND HUMAN SERVICES

Sponsors

• Judy Ward · Primary
• Scarnati · Cosponsor
• Folmer · Cosponsor
• Scott Martin · Cosponsor
• Kristin Phillips-Hill · Cosponsor

Subjects