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SB 364: "An Act relating to medical services under the state Medicaid program."

00 SENATE BILL NO. 364 01 "An Act relating to medical services under the state Medicaid program." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 47.07 is amended by adding a new section to read: 04 Sec. 47.07.068. Payment for abortions. (a) Except as otherwise required by 05 federal law, the department may pay for an abortion under this chapter only if the 06 abortion is a medically necessary abortion or is an abortion to terminate a pregnancy 07 resulting from rape or incest. The department shall adopt regulations regarding 08 payment for abortions in conformity with this section and applicable federal 09 regulations. 10 (b) A claim for payment for a medically necessary abortion that is submitted 11 to the department must be accompanied by a written certification by the treating 12 physician that the abortion is medically necessary to treat a serious 13 (1) adverse physical condition of a pregnant woman that 14 (A) either is caused by the pregnancy or would be significantly 15 aggravated by continuation of the pregnancy; and

01 (B) would seriously endanger the physical health of the woman 02 if the pregnancy were not terminated by an abortion; or 03 (2) psychological illness of a pregnant woman who requires 04 medication for treatment of the illness if 05 (A) the medication required to treat the illness would be highly 06 dangerous to the fetus; and 07 (B) the health of the woman would be endangered if the 08 medication was not taken during the pregnancy. 09 (c) In this section, 10 (1) "abortion" has the meaning given in AS 18.16.090; 11 (2) "incest" means an act that would constitute the crime of incest 12 under AS 11.41.450; 13 (3) "rape" means an act that would constitute a crime of sexual assault 14 or sexual abuse of a minor under AS 11.41.410 - 11.41.440.