PRINTER'S NO. 409
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
271
Session of
2019
INTRODUCED BY J. WARD, SCARNATI, ALLOWAY, FOLMER, MARTIN AND
PHILLIPS-HILL, MARCH 13, 2019
REFERRED TO HEALTH AND HUMAN SERVICES, MARCH 13, 2019
AN ACT
Amending the act of April 9, 1929 (P.L.343, No.176), entitled,
as amended, "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
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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:
* * *
(5) 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, 2019.
Section 2. This act shall take effect immediately.
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