THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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

Providing for prioritization of public funds to certain health

care entities and for enforcement.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

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

Health Funding Priorities Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section 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. The term does not

include birth control devices, oral contraceptives used to

inhibit or prevent ovulation, conception or the implantation of

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

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

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

ectopic pregnancy or to remove a dead fetus.

"Department."  Department of Health of the Commonwealth.

"Federally qualified abortion."  An abortion qualified for

Federal reimbursement under the Medicaid program.

"Federally qualified health center."  A health care provider

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

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

"Hospital."  A primary or tertiary care facility licensed

under State law.

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

without limitation, State general revenue funds, State special

account and limited purpose grants or loans and Federal funds

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

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

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

seq.) of the Social Security Act.

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

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

the Social Security Act.

Section 3.  Prioritization of public funds to health care

entities.

Subject to any applicable requirements of Federal statutes,

rules, regulations or guidelines:

(1)  Any expenditures or grants of public funds for

family planning services by the Commonwealth by and through

the department shall be made in the following order of

priority:

(i)  To public entities.

(ii)  To nonpublic hospitals and federally qualified

health centers.

(iii)  To rural health clinics.

(iv)  To nonpublic health providers that have as

their primary purpose the provision of the primary health

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

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

make a grant to any entity that performs nonfederally

qualified abortions or maintains or operates a facility where

nonfederally qualified abortions are performed.

Section 4.  Enforcement.

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

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

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.

(b)  Standing.--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

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

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

the reduction of public funds and any award of monetary relief

shall be made to an appropriate public officer for deposit into

one or more accounts maintained by the Commonwealth for public

funds.

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

this section, a prevailing plaintiff shall be entitled to an

award of reasonable attorney fees and costs.

Section 5.  Right of intervention.

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 act is challenged.

Section 6.  Severability.

It is the intent of the General Assembly that every provision

of this act shall operate with equal force and shall be

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

provision of this act is held invalid or unenforceable by a

court of competent jurisdiction, that provision shall be

accordingly deemed severable and the remaining provisions deemed

fully enforceable.

Section 7.  Effect on appropriations.

Any appropriation of public funds made by the department in

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

as of the effective date hereof, and the funds allocated

pursuant to the appropriation shall be reallocated to eligible

entities.

Section 8.  Effective date.

This act shall take effect in 60 days.