SF 2381

Senate
File
2381
-
Introduced
SENATE
FILE
2381
BY
WAHLS
,
PETERSEN
,
BENNETT
,
and
TRONE
GARRIOTT
A
BILL
FOR
An
Act
relating
to
nonmedical
pregnancy
resource
centers,
1
making
appropriations,
and
including
effective
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
146F.1
Nonmedical
pregnancy
1
resource
centers.
2
1.
For
purposes
of
this
chapter,
“nonmedical
pregnancy
3
resource
center”
means
an
entity
described
by
all
of
the
4
following:
5
a.
The
entity
is
not
licensed
in
this
state
to
provide
6
medical
services.
7
b.
The
entity
provides
individuals
with
counseling
services
8
related
to
pregnancy
and
childbirth,
including
but
not
limited
9
to
referrals
to
nonmedical
services,
child-rearing
resources,
10
and
adoption
services.
11
c.
The
entity
does
not
provide
referrals
for
abortions.
12
2.
A
nonmedical
pregnancy
resource
center
shall
do
all
of
13
the
following:
14
a.
Provide
public
disclosure
in
large,
readable,
boldface
15
type,
that
the
nonmedical
pregnancy
resource
center
is
not
a
16
licensed
health
care
provider.
The
public
disclosure
shall
17
include
information
regarding
the
hospital
or
clinic
closest
to
18
the
location
of
the
nonmedical
pregnancy
resource
center
that
19
provides
pregnancy
delivery
services.
The
disclosure
shall
be
20
available
as
follows:
21
(1)
Displayed
in
a
prominent
manner
in
a
conspicuous
22
physical
location
that
is
clearly
visible
to
the
public
from
23
the
outside
of
each
entrance
to
the
nonmedical
pregnancy
24
resource
center.
25
(2)
Included
in
all
of
the
nonmedical
pregnancy
resource
26
center’s
advertising,
marketing
materials,
and
other
media
the
27
nonmedical
pregnancy
resource
center
releases
to
the
public.
28
(3)
Posted
on
the
nonmedical
pregnancy
resource
center’s
29
internet
site.
The
posted
disclosure
shall
be
readily
30
accessible
to
the
public.
31
(4)
Included
in
all
office
forms
distributed
by
the
32
nonmedical
pregnancy
resource
center.
33
b.
Ensure
that
each
ultrasound
performed
at
the
nonmedical
34
pregnancy
resource
center
is
performed
by
a
health
care
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provider
licensed
in
this
state
and
qualified
to
interpret
1
ultrasound
results.
2
c.
Maintain
confidentiality,
in
compliance
with
state
and
3
federal
laws,
of
all
data,
files,
and
records
related
to
the
4
services
provided
to
individuals.
A
nonmedical
pregnancy
5
resource
center
shall
comply
with
the
federal
Health
Insurance
6
Portability
and
Accountability
Act
or
HIPAA
as
defined
in
7
section
135D.2,
regardless
of
whether
the
nonmedical
pregnancy
8
resource
center
is
a
covered
entity
as
defined
under
HIPAA
or
9
is
otherwise
subject
to
HIPAA.
10
3.
The
department
of
health
and
human
services
shall
11
establish
a
complaint
process
for
the
submission
of
reports
of
12
alleged
violations
of
this
chapter,
including
but
not
limited
13
to
alleged
violations
of
administrative
rules.
14
4.
A
governmental
entity,
including
the
department
of
15
health
and
human
services,
shall
not
renew,
extend,
or
enter
16
into
a
contract
with
any
nonmedical
pregnancy
resource
center.
17
5.
The
department
of
health
and
human
services
shall
adopt
18
rules
pursuant
to
chapter
17A
to
implement
and
administer
this
19
chapter.
20
Sec.
2.
REPEAL.
Section
217.41C,
Code
2026,
is
repealed.
21
Sec.
3.
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
——
MORE
22
OPTIONS
FOR
MATERNAL
SUPPORT
PROGRAM
——
TERMINATION.
23
1.
For
purposes
of
this
section:
24
a.
“Department”
means
the
department
of
health
and
human
25
services.
26
b.
“MOMS
program”
means
the
more
options
for
maternal
27
support
program
created
in
section
217.41C.
28
2.
The
department
is
directed
to
terminate
the
MOMS
program
29
on
or
before
August
31,
2026.
30
3.
All
funds
appropriated
to
the
department
for
the
MOMS
31
program
that
remain
unobligated
and
unencumbered
on
the
32
date
the
MOMS
program
terminates
shall
be
transferred
to
the
33
department
to
increase
reimbursement
rates
for
labor
and
34
delivery
services
provided
under
the
medical
assistance
program
35
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pursuant
to
chapter
249A.
1
Sec.
4.
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
——
MEDICAL
2
ASSISTANCE
PROGRAM
——
LABOR
AND
DELIVERY
REIMBURSEMENT
RATE
3
INCREASE.
There
is
appropriated
from
the
general
fund
of
the
4
state
to
the
department
of
health
and
human
services
for
the
5
fiscal
year
beginning
July
1,
2026,
and
ending
June
30,
2027,
6
the
following
amount,
or
so
much
thereof
as
is
necessary,
to
be
7
used
for
the
purposes
designated:
8
To
increase
the
reimbursement
rates
for
labor
and
delivery
9
services
provided
under
the
medical
assistance
program
pursuant
10
to
chapter
249A:
11
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,000,000
12
Sec.
5.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
13
importance,
takes
effect
upon
enactment.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
relates
to
nonmedical
pregnancy
resource
centers
18
(resource
centers).
19
The
bill
defines
“nonmedical
pregnancy
resource
center”
20
as
an
entity
that
is
not
licensed
in
this
state
to
provide
21
medical
services;
provides
individuals
with
counseling
services
22
related
to
pregnancy
and
childbirth,
including
but
not
limited
23
to
referrals
to
nonmedical
services,
child-rearing
resources,
24
and
adoption
services;
and
does
not
provide
referrals
for
25
abortions.
26
The
bill
requires
each
resource
center
to
disclose
27
information
regarding
the
hospital
or
clinic
closest
to
28
the
location
of
the
resource
center
that
provides
pregnancy
29
delivery
services.
The
bill
details
requirements
for
30
availability
of
the
disclosure.
31
The
bill
requires
each
resource
center
to
ensure
that
each
32
ultrasound
performed
at
the
resource
center
is
performed
by
a
33
health
care
provider
licensed
in
this
state
and
qualified
to
34
interpret
ultrasound
results.
35
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2381
The
bill
requires
each
resource
center
to
maintain
1
confidentiality,
in
compliance
with
state
and
federal
laws,
of
2
all
data,
files,
and
records
related
to
the
services
provided
3
to
individuals.
A
resource
center
shall
comply
with
the
4
federal
Health
Insurance
Portability
and
Accountability
Act
5
(HIPAA)
regardless
of
whether
the
resource
center
is
a
covered
6
entity
under
HIPAA
or
is
otherwise
subject
to
HIPAA.
7
The
bill
requires
the
department
of
health
and
human
8
services
(HHS)
to
establish
a
complaint
process
for
the
9
submission
of
reports
of
alleged
violations
of
the
bill.
10
The
bill
eliminates
the
more
options
for
maternal
support
11
(MOMS)
program
by
repealing
Code
section
217.41C
and
directing
12
HHS
to
terminate
the
MOMS
program
on
or
before
August
31,2026.
13
All
funds
appropriated
to
HHS
for
the
MOMS
program
that
14
remain
unobligated
and
unencumbered
on
the
date
the
MOMS
15
program
terminates
shall
be
transferred
to
HHS
to
increase
16
reimbursement
rates
for
labor
and
delivery
services
provided
17
under
the
medical
assistance
program.
18
The
bill
appropriates
$1
million
from
the
general
fund
of
19
the
state
to
HHS
for
FY
2026-2027
to
be
used
to
increase
the
20
reimbursement
rates
for
labor
and
delivery
services
provided
21
under
the
medical
assistance
program.
22
The
bill
takes
effect
upon
enactment.
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