SB 181: "An Act relating to assistance for abortions under the general relief program; and relating to financial responsibility for the costs of abortions."
00SENATE BILL NO. 181 01 "An Act relating to assistance for abortions under the general relief program; and 02 relating to financial responsibility for the costs of abortions." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 25.20 is amended by adding a new section to read: 05 Sec. 25.20.035. Financial responsibility for abortion costs. Both persons 06 who would have been the parents of the child after its birth are liable for the medical 07 costs of an abortion of their unborn child. 08 * Sec. 2. AS 47.25.150 is amended by adding a new subsection to read: 09 (b) A woman who applies for assistance to cover the costs of an abortion shall, 10 as part of the application for assistance, 11 (1) be considered to have assigned to the state all rights to recovery of 12 the costs of the abortion from the unborn child's other parent; the assignment takes 13 effect upon a determination that the woman is eligible for assistance; 14 (2) name the other parent of the unborn child and agree to cooperate
01 with the department in establishing the identity and location of the unborn child's other 02 parent, if necessary, unless the department determines that the woman has established 03 good cause for not naming the other parent and for not cooperating in establishing the 04 identity and location of the other parent; the department may not delay the provision 05 of abortion services while it investigates the parentage of the unborn child. 06 * Sec. 3. AS 47.25.205 is amended to read: 07 Sec. 47.25.205. Priority of general relief medical assistance. If the 08 department finds that the cost of medical assistance for all persons eligible under 09 AS 47.25.120 - 47.25.300 will exceed the amount allocated in the state budget for that 10 assistance for the fiscal year, the department shall eliminate coverage for medical 11 services in the following order: 12 (1) abortions and related services and supplies, such as medical 13 supplies and equipment, transportation, laboratory and x-ray services, physician 14 services, hospital services, and pharmaceuticals, used for an abortion; 15 (2) treatment of speech, hearing, and language disorders; 16 (3) [(2)] optometrists' services and eyeglasses; 17 (4) [(3)] occupational therapy; 18 (5) [(4)] emergency dental services for adults; 19 (6) [(5)] prosthetic devices not including dentures; 20 (7) [(6)] medical supplies and equipment other than those used to 21 perform an abortion ; 22 (8) [(7)] physical therapy; 23 (9) [(8)] outpatient laboratory and outpatient x-ray services other than 24 those used for an abortion ; 25 (10) [(9)] ambulatory surgical center services other than services to 26 perform an abortion ; 27 (11) [(10)] nonemergency medical transportation other than 28 transportation to obtain an abortion ; 29 (12) [(11)] outpatient physician services other than services to 30 perform an abortion ; 31 (13) [(12)] outpatient hospital services other than services to perform
01 an abortion ; 02 (14) [(13)] intermediate care facility services; 03 (15) [(14)] skilled nursing facility services; 04 (16) [(15)] emergency medical transportation other than 05 transportation for an abortion ; 06 (17) [(16)] pharmaceuticals other than those used in an abortion ; 07 (18) [(17)] inpatient physician services other than services to perform 08 an abortion ; 09 (19) [(18)] inpatient hospital services other than services to perform 10 an abortion . 11 * Sec. 4. AS 47.25.220 is amended to read: 12 Sec. 47.25.220. State's claim for assistance. The total amount paid in 13 assistance to a recipien t, and any amount paid on behalf of a recipient for an 14 abortion, constitutes a claim against the recipient and the recipient's estate. In 15 addition to other assets or income available to satisfy a claim under this section, 16 the permanent fund dividend of a recipient who received an abortion with funds 17 provided under AS 47.25.120 - 47.25.300 may be taken under AS 43.23.065(b)(6). 18 On the death of a person receiving assistanc e, the total amount paid as assistance shall 19 be allowed by the court having jurisdiction over the estate. 20 * Sec. 5. AS 47.25.240 is amended to read: 21 Sec. 47.25.240. Action against person liable for care of recipient or for 22 abortion costs . If, during the continuance of an allowance or after the provision of 23 abortion services with funds provided under AS 47.25.120 - 47.25.300 , the 24 department ascertains that a person liable for the support of the recipient of assistance 25 or liable for the abortion costs, as applicable, is able to provide the necessary care 26 and support of the recipient or to reimburse the state for the abortion costs , and the 27 person liable for the care and support of the recipient or for the abortion costs fails 28 or refuses to support and care for the recipient or fails or refuses to reimburse the 29 state for the abortion costs, as applicable , the state has a claim for the assistance 30 against the person liable for it. This claim may be enforced by civil action brought 31 in the name of the state by the attorney general against the person liable for the
01 recovery of the amount of money, with interest, paid to the recipient or for the 02 abortion costs, as applicable , together with the costs and disbursements of the action. 03 * Sec. 6. AS 47.25.240 is amended by adding a new subsection to read: 04 (b) In addition to other assets or income available to satisfy a judgment in a 05 civil action under this section, the permanent fund dividend of a person liable for 06 abortion costs may be taken under AS 43.23.065(b)(6). 07 * Sec. 7. AS 47.25.300 is amended by adding a new paragraph to read: 08 (5) "abortion" means the use or prescription of an instrument, medicine, 09 drug, or other substance or device to terminate the pregnancy of a woman known to 10 be pregnant, except that "abortion" does not include the termination of a pregnancy if 11 done with the intent to 12 (A) save the life or preserve the health of the unborn child; 13 (B) deliver the unborn child prematurely to preserve the life of 14 the pregnant woman; or 15 (C) remove a dead unborn child.