H. B. 4099
(By Delegates Prunty and Louisos)
[Introduced January 27, 1998; referred to the
Committee on 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
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 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 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.