PRINTER'S NO.  3605

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2405

Session of

2012

  

  

INTRODUCED BY METCALFE, RAPP, AUMENT, BARRAR, BEAR, BLOOM, BOYD, BROOKS, CAUSER, COX, CREIGHTON, CUTLER, DENLINGER, DUNBAR, ELLIS, FLECK, GILLEN, HARRIS, HESS, HICKERNELL, HUTCHINSON, KAUFFMAN, KNOWLES, KRIEGER, MALONEY, METZGAR, MOUL, REESE, ROAE, ROCK, SACCONE, SONNEY, STERN, SWANGER AND TALLMAN, MAY 23, 2012

  

  

REFERRED TO COMMITTEE ON RULES, MAY 23, 2012  

  

  

  

AN ACT

  

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Providing for prioritization of public funds to certain health

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care entities and for enforcement.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Short title.

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This act shall be known and may be cited as the Whole Woman's

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Health Funding Priorities Act.

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Section 2.  Definitions.

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The following words and phrases when used in this act shall

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have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"Abortion."  The use of any means to terminate the clinically

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diagnosable pregnancy of a woman with knowledge that the

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termination by those means will cause, with reasonable

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likelihood, the death of the unborn child. The term does not

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include birth control devices, oral contraceptives used to

 


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inhibit or prevent ovulation, conception or the implantation of

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a fertilized ovum in the uterus or the use of any means to

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increase the probability of a live birth, to preserve the life

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or health of the child after a live birth, to terminate an

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ectopic pregnancy or to remove a dead fetus.

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"Department."  Department of Health of the Commonwealth.

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"Federally qualified abortion."  An abortion qualified for

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Federal reimbursement under the Medicaid program.

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"Federally qualified health center."  A health care provider

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that is eligible for Federal funding under 42 U.S.C. § 1396d(1)

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(2)(B) of the Social Security Act.

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"Hospital."  A primary or tertiary care facility licensed

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under State law.

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"Public funds."  State funds from whatever source, including

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without limitation, State general revenue funds, State special

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account and limited purpose grants or loans and Federal funds

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provided under Title X of the Public Health Service Act (42

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U.S.C. § 300 et seq.) and Title V (42 U.S.C. 701 et seq.), Title

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XIX (42 U.S.C. § 1396 et seq.) and Title XX (42 U.S.C. § 1397 et

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seq.) of the Social Security Act.

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"Rural health clinic."  A health care provider that is

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eligible for Federal funding under 42 U.S.C. § 1395x(aa)(2) of

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the Social Security Act.

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Section 3.  Prioritization of public funds to health care

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entities.

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Subject to any applicable requirements of Federal statutes,

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rules, regulations or guidelines:

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(1)  Any expenditures or grants of public funds for

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family planning services by the Commonwealth by and through

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the department shall be made in the following order of

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priority:

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(i)  To public entities.

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(ii)  To nonpublic hospitals and federally qualified

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health centers.

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(iii)  To rural health clinics.

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(iv)  To nonpublic health providers that have as

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their primary purpose the provision of the primary health

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care services enumerated in 42 U.S.C. § 254b(a)(1).

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(2)  The department may not enter into a contract with or

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make a grant to any entity that performs nonfederally

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qualified abortions or maintains or operates a facility where

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nonfederally qualified abortions are performed.

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Section 4.  Enforcement.

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(a)  Attorney General.--The Attorney General may bring an

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action in law or equity to enforce the provisions of this act

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and relief shall be available in appropriate circumstances,

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including, but not limited to, recoupment and declaratory and

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injunctive relief, including, but not limited to, suspension or

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debarment.

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(b)  Standing.--Any entity eligible for the receipt of public

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funds, shall possess standing to bring any action that the

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Attorney General has authority to bring under the provisions of

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subsection (a), provided, however, that an expenditure or grant

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of public funds made in violation of this act that results in

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the reduction of public funds and any award of monetary relief

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shall be made to an appropriate public officer for deposit into

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one or more accounts maintained by the Commonwealth for public

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funds.

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(c)  Attorney fees and costs.--In an action brought under

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this section, a prevailing plaintiff shall be entitled to an

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award of reasonable attorney fees and costs.

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Section 5.  Right of intervention.

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The General Assembly, through one or more members duly

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appointed by resolution of their respective chamber, may

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intervene as a matter of right in any case in which the

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constitutionality of this act is challenged.

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Section 6.  Severability.

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It is the intent of the General Assembly that every provision

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of this act shall operate with equal force and shall be

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severable one from the other and that in the event that any

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provision of this act is held invalid or unenforceable by a

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court of competent jurisdiction, that provision shall be

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accordingly deemed severable and the remaining provisions deemed

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fully enforceable.

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Section 7.  Effect on appropriations.

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Any appropriation of public funds made by the department in

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derogation of the provisions of section 3 shall be null and void

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as of the effective date hereof, and the funds allocated

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pursuant to the appropriation shall be reallocated to eligible

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entities.

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Section 8.  Effective date.

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This act shall take effect in 60 days.

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