H. B. 2144
(By Delegate Prunty)
[Introduced February 14, 2001; referred to the
Committee on Health and Human Resources then Finance.]
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 is continued
in accordance with the provisions of this section so long as the
same may be the fund is 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 consists 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 are 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.