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Introduced Version House Bill 2144 History

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Key: Green = existing Code. Red = new code to be enacted


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.
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