H. B. 2447
(By Delegates Johnson, Huffman, Warner and Pethtel)
[Introduced March 3, 1993; referred to the
Committee on the Judiciary 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
special medical services funds for certain abortions;
excepting cases where an abortion is performed to save the
life of the mother and cases involving incest or rape.
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 fund to be
otherwise necessary or desirable, and henceforth such 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, 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:
Provided,That no funds may be used to pay for an abortion, except when an
abortion is performed (1) to save the life of the mother; or (2)
where the individual is a victim of rape or incest: Provided,
however, That the rape was reported to a law-enforcement agency
within forty-eight hours of its occurrence. 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 further, 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 or the mother is a victim of rape
or incest.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.