H. B. 2332
(By Delegate Prunty)
[Introduced January 21, 1999; referred to the
Committee on Health and Human Resources then the
Judiciary.]
A BILL to amend and reenact section two, article four, chapter
nine of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to prohibiting the use of
funds from the public assistance medical services fund to
pay for an abortion, except in cases where an abortion is
performed to save the life of the mother.
Be it enacted by the Legislature of West Virginia:
That section two, article four, chapter nine of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 4. STATE ADVISORY BOARD; MEDICAL SERVICES FUND; ADVISORY
COUNCIL; GENERAL RELIEF FUND.
§9-4-2. Medical services fund.
The special fund known as the state of West Virginia public assistance medical services fund established by chapter one
hundred forty-three, acts of the Legislature, regular session,
one thousand nine hundred fifty-three, as amended by chapter two,
acts of the Legislature, first extraordinary session, one
thousand nine hundred sixty, and chapter forty-nine, acts of the
Legislature, regular session, one thousand nine hundred
sixty-six, shall be continued in accordance with the provisions
of this section so long as the same may be required by federal
laws, rules and regulations applicable to federal-state
assistance and thereafter so long as the commissioner shall deem
consider such the fund to be otherwise necessary or desirable,
and henceforth such the special fund shall be known as the
department division of human services medical services fund,
hereinafter referred to as the fund.
The fund shall consist of payments made into the fund out
of state appropriations for medical services to recipients of
specified classes of welfare assistance and such federal
grants-in-aid as are made available for specified classes of
welfare assistance. Any balance in the fund at the end of any
fiscal year shall remain in the fund and shall not expire or
revert. Payments shall be made out of the fund upon requisition
of the commissioner by means of a warrant signed by the auditor
and treasurer.
Recipients of those classes of welfare assistance as are specified by the department division, consistent with applicable
federal laws, rules and regulations, shall be entitled to have
costs of necessary medical services paid out of the fund, in the
manner and amounts, to the extent, and for the period determined
from time to time to be feasible by the commissioner pursuant to
rules regulations and standards established by him or her.
However, no funds may be used to pay for an abortion, except in
cases where an abortion is performed to save the life of the
mother. Such These rules regulations and standards shall comply
with requirements of applicable federal laws, rules and
regulations and shall be established on the basis of money
available for the purpose, the number of recipients, the
experience with respect to the incidence of illness, disease,
accidents, and other causes among such the recipients causing
them to require medical services and the costs thereof, the
amounts which recipients require otherwise in order to maintain
a subsistence compatible with decency and health, and any other
factor considered relevant and proper by the commissioner:
Provided, That such the rules and regulations respecting
qualifications shall permit the expenditure of state funds to pay
for care rendered in any birthing center licensed under the
provisions of article two-e, chapter sixteen of this code, by a
licensed nurse midwife or midwife as this occupation is defined
in section one, article fifteen, chapter thirty of this code, and which care is within the scope of duties for such the licensed
nurse midwife or midwife as permitted by the provisions of
section seven, article fifteen of said chapter thirty.
NOTE: The purpose of this bill is to prohibit the use of
funds from the public assistance medical services fund to pay for
an abortion, except in those cases where an abortion is performed
to save the life of the mother.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.