Bill Text - HB228 (2012)

Prohibiting the department of health and human services from entering into a contract with Planned Parenthood Federation of America, Inc. or any organization that provides abortion services and prohibiting the use of public funds or insurance for abortion services.


Revision: Jan. 5, 2012, midnight

HB 228-FN – AS INTRODUCED

2011 SESSION

11-0007

01/10

HOUSE BILL 228-FN

AN ACT prohibiting the department of health and human services from entering into a contract with Planned Parenthood Federation of America, Inc. or any organization that provides abortion services and prohibiting the use of public funds or insurance for abortion services.

SPONSORS: Rep. Willette, Hills 6; Rep. Kappler, Rock 2; Rep. Bates, Rock 4; Rep. Cebrowski, Hills 18; Rep. Groen, Straf 1; Rep. J. Richardson, Merr 8

COMMITTEE: Health, Human Services and Elderly Affairs

ANALYSIS

This bill prohibits the department of health and human services from entering into a contract with Planned Parenthood Federation of America, Inc. or any organization that provides abortion services and prohibits the use of public funds or insurance for abortion services.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0007

01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT prohibiting the department of health and human services from entering into a contract with Planned Parenthood Federation of America, Inc. or any organization that provides abortion services and prohibiting the use of public funds or insurance for abortion services.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Certain Contracts Prohibited. Amend RSA 126-A:3 by inserting after paragraph VIII the following new paragraph:

IX. Notwithstanding any provision of law to the contrary, the department shall not enter into a contract with Planned Parenthood Federation of America, Inc. or any other organization that provides abortion services.

2 New Subdivision; Use of Public Funds or Insurance for Abortion Prohibited; Exception. Amend RSA 132 by inserting after section 31 the following new subdivision:

Use of Public Funds or Insurance for Abortion Prohibited

132:32 Use of Public Funds or Insurance for Abortion Prohibited; Exception.

I. Notwithstanding any provision of law to the contrary, no public funds or tax moneys of this state or any political subdivision of this state or any federal funds passing through the state treasury or the treasury of any political subdivision of this state shall be expended for payment to any person or entity for the performance of any abortion unless an abortion is necessary to save the life of the woman having the abortion.

II. Notwithstanding any other provision of law, public moneys or tax moneys of this state or any political subdivision of this state shall not be expended directly or indirectly to pay the costs, premiums, or charges associated with a health insurance policy, contract, or plan that provides coverage, benefits, or services related to the performance of any abortion unless an abortion is necessary to either:

(a) Save the life of the woman having the abortion; or

(b) Avert substantial and irreversible impairment of a major bodily function of the woman having the abortion.

III. This section does not prohibit the state from complying with the requirements of federal law relative to Title XIX and Title XXI of the Social Security Act.

3 Effective Date. This act shall take effect 60 days after its passage.

LBAO

11-0007

Revised 02/14/11

HB 228 FISCAL NOTE

AN ACT prohibiting the department of health and human services from entering into a contract with Planned Parenthood Federation of America, Inc. or any organization that provides abortion services and prohibiting the use of public funds or insurance for abortion services.

FISCAL IMPACT:

      The Departments of Health and Human Services and Administrative Services state this bill will have an indeterminable fiscal impact on state, county and local revenue and expenditures in FY 2012 and in each year thereafter.

METHODOLOGY:

    The Department of Health and Human Services states this bill prevents the Department from contracting with Planned Parenthood of Northern New England. The Department stated the current contract with Planned Parenthood is in the amount $794,370 of which $428,960 is federal Title X funds and $365,410 is state general funds. Under the contract, Planned Parenthood provides family planning services, reproductive healthcare, HIV testing, STD testing and treatment, and health education. The Department states federal law prohibits these funds from being used to fund abortions. The Department assumes that, without this contract, the federal funds would be returned to the federal government and the general funds would be returned to the general fund.

    The Department of Administrative Services states this bill prohibits public funding of health plans that provide coverage for abortions. The Department indicated that there could be a conflict between the proposed law and state employee collective bargaining agreements containing provisions to continue existing coverage. The Department assumes, if the State health benefit plan discontinued providing coverage for abortions, there would be a reduction in expenditures associated with that medical procedure. In addition, the Department assumes there would be an increase expenditures associated with pre-natal care, delivery and continued coverage for dependents to age 26.