H. B. 2127
(By Delegate Prunty)
[Introduced January 10, 1996; 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 stopping funding for
abortions, 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
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.
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
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 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 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
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 prevent funding for
abortions, 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.