SSSB 49 am: "An Act relating to women's health services and defining 'medically necessary abortion' for purposes of making payments under the state Medicaid program."
00 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 49 am 01 "An Act relating to women's health services and defining 'medically necessary abortion' 02 for purposes of making payments under the state Medicaid program." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 47.07.030 is amended by adding a new subsection to read: 05 (g) The department shall make available to eligible recipients a program for 06 women's health for the purpose of providing family planning services, health 07 screening examinations, and related services. 08 * Sec. 2. AS 47.07 is amended by adding a new section to read: 09 Sec. 47.07.068. Payment for abortions. (a) The department may not pay for 10 abortion services under this chapter unless the abortion services are for a medically 11 necessary abortion or the pregnancy was the result of rape or incest. Payment may not 12 be made for an elective abortion. 13 (b) In this section, 14 (1) "abortion" has the meaning given in AS 18.16.090;
01 (2) "elective abortion" means an abortion that is not a medically 02 necessary abortion; 03 (3) "medically necessary abortion" means that, in a physician's 04 objective and reasonable professional judgment after considering medically relevant 05 factors, an abortion must be performed to avoid a threat of serious risk to the life or 06 physical health of a woman from continuation of the woman's pregnancy; 07 (4) "serious risk to the life or physical health" includes, but is not 08 limited to, a serious risk to the pregnant woman of 09 (A) death; or 10 (B) impairment of a major bodily function because of 11 (i) diabetes with acute metabolic derangement or severe 12 end organ damage; 13 (ii) renal disease that requires dialysis treatment; 14 (iii) severe pre-eclampsia; 15 (iv) eclampsia; 16 (v) convulsions; 17 (vi) status epilepticus; 18 (vii) sickle cell anemia; 19 (viii) severe congenital or acquired heart disease, class 20 IV; 21 (ix) pulmonary hypertension; 22 (x) malignancy if pregnancy would prevent or limit 23 treatment; 24 (xi) kidney infection; 25 (xii) congestive heart failure; 26 (xiii) epilepsy; 27 (xiv) seizures; 28 (xv) coma; 29 (xvi) severe infection exacerbated by pregnancy; 30 (xvii) rupture of amniotic membranes; 31 (xviii) advanced cervical dilation of more than six
01 centimeters at less than 22 weeks gestation; 02 (xix) cervical or cesarean section scar ectopic 03 implantation; 04 (xx) any pregnancy not implanted in the uterine cavity; 05 (xxi) amniotic fluid embolus; or 06 (xxii) another physical disorder, physical injury, or 07 physical illness, including a life-endangering physical condition caused 08 by or arising from the pregnancy that places the woman in danger of 09 death or major bodily impairment if an abortion is not performed. 10 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 WOMEN'S HEALTH PROGRAM UNDER STATE MEDICAID. The Department of 13 Health and Social Services shall immediately prepare and submit to the United States 14 Department of Health and Human Services, for approval in accordance with the provisions of 15 42 U.S.C. 1396a (Title XIX, Social Security Act), an amendment to the state plan consistent 16 with AS 47.07.030, enacted by sec. 1 of this Act.