Regular Session 2021-2022 Senate Bill 0152 P.N. 0132

PRINTER'S NO. 132

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

152

Session of

2021

INTRODUCED BY J. WARD AND PHILLIPS-HILL, FEBRUARY 1, 2021

REFERRED TO HEALTH AND HUMAN SERVICES, FEBRUARY 1, 2021

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 general budget implementation, further

providing for Department of Human Services.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1729-E of the act of April 9, 1929

(P.L.343, No.176), known as The Fiscal Code, is amended by

adding a paragraph to read:

Section 1729-E. Department of Human Services.

The following shall apply to appropriations for the

Department of Human Services:

* * *

(8) The following shall apply:

(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

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Federal law when the services are provided under

Medicaid and by a qualified provider approved by the

Centers for Medicaid and Medicare Services.

(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.).

(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.

(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.

(v) In an action brought under this paragraph, a

prevailing plaintiff shall be entitled to an award of

reasonable attorney fees and costs.

(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.

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(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.

( 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. The term does not include birth control devices or

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.

"Federally qualified abortion." An abortion

qualified for Federal matching funds under the Medicaid

program.

"Federally qualified health center." An entity as

defined under section 1905(1)(2)(B) of the Social

Security Act (42 U.S.C. § 1396d(l)(2)(B)) that is

eligible to receive Federal funds.

"Hospital." A primary or tertiary care facility

licensed under State law.

"Public funds." State funds from whatever source,

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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. § 201 et seq.) and

Titles IV, V and XX of the Social Security Act (42 U.S.C.

§ 301 et seq.).

"Rural health clinic." The term as defined in

section 1861(aa)(2) of the Social Security Act (42 U.S.C.

§ 1395x(aa)(2)).

(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,

and that, in the event that any provision of this

paragraph is held invalid or unenforceable by a court of

competent jurisdiction, the provision shall be

accordingly deemed severable and the remaining provisions

deemed fully enforceable.

(x) This paragraph shall apply to fiscal years

beginning after June 30, 2021.

Section 2. This act shall take effect immediately.

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