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Enrolled SB 49: Relating to existing women's health programs; and defining "medically necessary abortion" for purposes of making payments under the state Medicaid program.

00 Enrolled SB 49                                                                                                          
01 Relating to existing women's health programs; and defining "medically necessary abortion"                               
02 for purposes of making payments under the state Medicaid program.                                                       
03                           _______________                                                                               
04    * Section 1. The uncodified law of the State of Alaska is amended by adding a new section                          
05 to read:                                                                                                                
06       LEGISLATIVE INTENT; FUNDING OF WOMEN'S HEALTH PROGRAMS. It is                                                     
07 the intention of the legislature to define the phrase "medically necessary" for purposes of                             
08 Medicaid funding of abortion services and to continue to fund existing women's health                                   
09 programs in the state.                                                                                                  
10    Sec. 2. AS 47.07 is amended by adding a new section to read:                                                       
11            Sec. 47.07.068. Payment for abortions. (a) The department may not pay for                                  
12       abortion services under this chapter unless the abortion services are for a medically                             
13       necessary abortion or the pregnancy was the result of rape or incest. Payment may not                             
01       be made for an elective abortion.                                                                                 
02            (b)  In this section,                                                                                        
03                 (1)  "abortion" has the meaning given in AS 18.16.090;                                                  
04                 (2)  "elective abortion" means an abortion that is not a medically                                      
05       necessary abortion;                                                                                               
06                 (3)  "medically necessary abortion" means that, in a physician's                                        
07       objective and reasonable professional judgment after considering medically relevant                               
08       factors, an abortion must be performed to avoid a threat of serious risk to the life or                           
09       physical health of a woman from continuation of the woman's pregnancy;                                            
10                 (4)  "serious risk to the life or physical health" includes, but is not                                 
11       limited to, a serious risk to the pregnant woman of                                                               
12                      (A)  death; or                                                                                     
13                      (B)  impairment of a major bodily function because of                                              
14                           (i)  diabetes with acute metabolic derangement or severe                                      
15                 end organ damage;                                                                                       
16                           (ii)  renal disease that requires dialysis treatment;                                         
17                           (iii)  severe pre-eclampsia;                                                                  
18                           (iv)  eclampsia;                                                                              
19                           (v)  convulsions;                                                                             
20                           (vi)  status epilepticus;                                                                     
21                           (vii)  sickle cell anemia;                                                                    
22                           (viii)  severe congenital or acquired heart disease, class                                    
23                 IV;                                                                                                     
24                           (ix)  pulmonary hypertension;                                                                 
25                           (x)  malignancy if pregnancy would prevent or limit                                           
26                 treatment;                                                                                              
27                           (xi)  kidney infection;                                                                       
28                           (xii)  congestive heart failure;                                                              
29                           (xiii)  epilepsy;                                                                             
30                           (xiv)  seizures;                                                                              
31                           (xv)  coma;                                                                                   
01                           (xvi)  severe infection exacerbated by pregnancy;                                             
02                           (xvii)  rupture of amniotic membranes;                                                        
03                           (xviii)  advanced cervical dilation of more than six                                          
04                 centimeters at less than 22 weeks gestation;                                                            
05                           (xix)  cervical or cesarean section scar ectopic                                              
06                 implantation;                                                                                           
07                           (xx)  any pregnancy not implanted in the uterine cavity;                                      
08                           (xxi)  amniotic fluid embolus; or                                                             
09                           (xxii)  another physical disorder, physical injury, or                                        
10                 physical illness, including a life-endangering physical condition caused                                
11                 by or arising from the pregnancy that places the woman in danger of                                     
12                 death or major bodily impairment if an abortion is not performed.