Regular Session 2021-2022 House Bill 2626 P.N. 3168

PRINTER'S NO. 3168

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2626

Session of

2022

INTRODUCED BY SHUSTERMAN, KRAJEWSKI, SCHLOSSBERG, MADDEN,

FRANKEL, HOHENSTEIN, KINKEAD, SANCHEZ, GUENST, SIMS, CEPHAS,

FITZGERALD, HANBIDGE, RABB, STURLA, ISAACSON, KINSEY,

COVINGTON, INNAMORATO, O'MARA, DALEY, VITALI AND HOWARD,

MAY 27, 2022

REFERRED TO COMMITTEE ON HEALTH, MAY 27, 2022

AN ACT

Amending the act of April 9, 1929 (P.L.343, No.176), entitled

"An act relating to the finances of the State government;

providing for cancer control, prevention and research, for

ambulatory surgical center data collection, for the Joint

Underwriting Association, for entertainment business

financial management firms, for private dam financial

assurance and for reinstatement of item vetoes; providing for

the settlement, assessment, collection, and lien of taxes,

bonus, and all other accounts due the Commonwealth, the

collection and recovery of fees and other money or property

due or belonging to the Commonwealth, or any agency thereof,

including escheated property and the proceeds of its sale,

the custody and disbursement or other disposition of funds

and securities belonging to or in the possession of the

Commonwealth, and the settlement of claims against the

Commonwealth, the resettlement of accounts and appeals to the

courts, refunds of moneys erroneously paid to the

Commonwealth, auditing the accounts of the Commonwealth and

all agencies thereof, of all public officers collecting

moneys payable to the Commonwealth, or any agency thereof,

and all receipts of appropriations from the Commonwealth,

authorizing the Commonwealth to issue tax anticipation notes

to defray current expenses, implementing the provisions of

section 7(a) of Article VIII of the Constitution of

Pennsylvania authorizing and restricting the incurring of

certain debt and imposing penalties; affecting every

department, board, commission, and officer of the State

government, every political subdivision of the State, and

certain officers of such subdivisions, every person,

association, and corporation required to pay, assess, or

collect taxes, or to make returns or reports under the laws

imposing taxes for State purposes, or to pay license fees or

other moneys to the Commonwealth, or any agency thereof,

every State depository and every debtor or creditor of the

Commonwealth," in 2021-2022 budget implementation, further

providing for definitions and for Department of Human

Services; and repealing provisions relating to family

planning funding limitations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1702-B of the act of April 9, 1929

(P.L.343, No.176), known as The Fiscal Code, repealed and added

June 30, 2021 (P.L.62, No.24), is amended by adding a definition

to read:

Section 1702-B. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Crisis pregnancy center." An establishment that provides

counseling and other prenatal services to a pregnant woman to

persuade the pregnant woman to choose parenthood or adoption

over abortion services.

* * *

Section 2. Section 1729-B(5) of the act, repealed and added

June 30, 2021 (P.L.62, No.24), is amended to read:

Section 1729-B. Department of Human Services.

The following apply to appropriations for the Department of

Human Services:

* * *

(5) The following shall apply:

[(i) Money appropriated for women's service programs

grants to nonprofit agencies whose primary function is to

promote childbirth and provide alternatives to abortion

shall be expended to provide services to women until

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childbirth and for up to 12 months thereafter, including

food, shelter, clothing, health care, counseling,

adoption services, parenting classes, assistance for

postdelivery stress and other supportive programs and

services and for related outreach programs. Agencies may

subcontract with other nonprofit entities that operate

projects designed specifically to provide all or a

portion of these services. Projects receiving money

referred to in this subparagraph shall not promote, refer

for or perform abortions or engage in any counseling

which is inconsistent with the appropriation referred to

in this subparagraph and shall be physically and

financially separate from any component of any legal

entity engaging in such activities.]

(ii) Federal funds appropriated for TANFBG

Alternatives to Abortion shall be utilized solely for

services to women whose gross family income is below 185%

of the Federal poverty guidelines.

(iii) No money shall be appropriated to a crisis

pregnancy center.

* * *

Section 3. Article XVII-D of the act is repealed:

[ARTICLE XVII-D

FAMILY PLANNING FUNDING LIMITATIONS

Section 1701-D. Scope.

This article relates to family planning funding limitations.

Section 1702-D. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

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"Abortion." As defined in 18 Pa.C.S. § 3203 (relating to

definitions).

"Abortion-related activities." Activities that consist of

any of the following:

(1) Performing or directly assisting in abortions.

(2) Referring a pregnant woman to an abortion provider

for an abortion.

(3) Counseling that advocates for or promotes abortion,

including counseling that advocates abortion as an option for

dealing with an unwanted pregnancy.

"Family planning appropriation." Moneys appropriated by the

General Assembly from Commonwealth revenue sources and Federal

revenue sources for the purpose of funding family planning

services or a combination of family planning services and other

programs. In the case of a general appropriation or any other

appropriation containing more than one line item, the term

"family planning appropriation" shall only refer to those line

items that may be expended for family planning services.

"Family planning services." Diagnosis, treatment, tests,

drugs, supplies, counseling and other contraceptive services

which are provided to an individual of childbearing age to

enable that individual to prevent pregnancy. The term does not

include abortion-related activities.

"Family planning services provider." A person that receives

a grant or other payment or reimbursement from the Department of

Public Welfare or the Department of Health, as appropriate, from

a family planning appropriation for the purpose of providing

family planning services, including, but not limited to, any

appropriation for women's medical services, family planning

service programs authorized under Medicaid and any programs

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funded through a Social Services Block Grant or a Temporary

Assistance for Needy Families Block Grant.

"Person." Includes a corporation, partnership, limited

liability company, business trust, other association, government

entity, estate, trust, foundation or natural person.

"Project." A group or set of family planning services or a

combination of family planning services and other services which

are funded in whole or in part from a family planning

appropriation and which are furnished pursuant to a grant,

contract or other agreement between a family planning services

provider and the Department of Public Welfare or the Department

of Health, as appropriate, or furnished by a subcontractor of

such provider pursuant to such grant, contract or other

agreement.

"Subcontractor." A person who furnishes family planning

services directly to individuals pursuant to a grant, contract

or other agreement between that person and a family planning

services provider or other entity that contracts with such

provider for the purpose of providing family planning services,

if family planning services furnished to such individuals are

funded from a family planning appropriation.

"Women's medical services." A line item appropriation for a

program that expressly authorizes the expenditure of funds for

women's medical services and contraceptives.

Section 1703-D. Ban on use of family planning funds for

abortion-related activities.

Except as provided in section 1705-D, no family planning

services provider or subcontractor shall expend any funds

received from a family planning services appropriation on

abortion-related activities.

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Section 1704-D. Duties of family planning services providers

and subcontractors.

(a) Physical and financial separation of abortion and family

planning activities.--Each family planning services provider and

subcontractor shall keep a project physically and financially

separate from abortion-related activities conducted by that

family planning services provider or subcontractor.

(b) Inclusion of restrictions in contracts.--The

restrictions and conditions specified in this article shall be

made a part of every grant, contract or other agreement between

the Department of Public Welfare or the Department of Health, as

appropriate, and each family planning services provider and

every grant, contract or other agreement between a family

planning services provider and a subcontractor.

provider who also performs abortion-related activities shall

obtain an annual independent audit of its facilities to assure

compliance with the physical and financial separation

requirements of this article. The audit shall be conducted in

accordance with standards prescribed by the Department of Public

Welfare or the Department of Health, as appropriate, and shall

be submitted to the department no later than January 30 of each

year. Further evidence of such physical and financial separation

shall be supplied through such documentation as the Department

of Public Welfare or the Department of Health, as appropriate,

shall request. The Department of Public Welfare or the

Department of Health, as appropriate, shall make the audits

required by this subsection available for public inspection and

copying.

Section 1705-D. Exclusions.

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(a) Certain exclusions.--This article does not apply to any

of the following:

(1) A licensed hospital.

(2) A family planning services provider who is a natural

person, who is licensed to provide medical services in this

Commonwealth and whose only public funding is through a

medical assistance appropriation.

(b) Certain abortions.--No abortion, abortion counseling or

abortion referral directly related thereto shall be deemed to

fall within the definition of an abortion-related activity if:

(1) on the basis of the physician's good faith clinical

judgment, the abortion is necessary to prevent the death of

the mother or to prevent the serious risk of substantial and

irreversible impairment of a major bodily function; or

(2) the abortion is performed in the case of a pregnancy

caused by rape or incest.

article shall not apply to a family planning services provider

or subcontractor that receives Federal funds pursuant to Title X

of the Public Health Service Act (58 Stat. 682, 42 U.S.C. § 201

et seq.) to the extent that:

(1) the family planning services provider or

subcontractor performs only those nondirective abortion

counseling and referral services required under Title X; and

(2) failure to perform those services will result in the

withholding of Federal funds.

Section 1706-D. Reports to General Assembly.

No later than March 30 of each year, the Department of Public

Welfare and the Department of Health shall submit a report to

the chairman and minority chairman of the Appropriations

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Committee of the Senate, to the chairman and minority chairman

of the Appropriations Committee of the House of Representatives,

to the chairman and minority chairman of the Public Health and

Welfare Committee of the Senate and to the chairman and minority

chairman of the Health and Human Services Committee of the House

of Representatives regarding the audits obtained pursuant to

section 1704-D(c), including the number and findings of such

audits, the adequacy of the documentation submitted and any

recommendations to revise the verification process.

Section 1707-D. Construction.

Nothing in this article shall be construed to:

(1) Repeal or otherwise restrict any provision of 18

Pa.C.S. Ch. 32 (relating to abortion).

(2) Prohibit the use of appropriations for which funding

is permitted under 18 Pa.C.S. § 3215(c) (relating to publicly

owned facilities; public officials and public funds) if

funding for abortions is otherwise permitted under that

appropriation and for any counseling or referral directly

related thereto.

(3) Preclude, in addition to any remedy or penalty

prescribed in this article, the exercise of any other civil

or criminal remedy or penalty that is applicable to a failure

to comply with this article.

Section 1708-D. Expiration.

This article shall expire immediately upon enactment of

legislation which expressly imposes additional substantive

programmatic or fiscal restrictions on the funding or delivery

of any State-funded family planning services or on the funding

or delivery of any family planning services authorized under

section 1115 of the Social Security Act (49 Stat. 620, 42 U.S.C.

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§ 1315).]

Section 4. This act shall take effect in 60 days.

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