Joint Resolutions:
The Louisiana legislature passed a concurrent resolution (LA HCR 258) which asks the U.S. Congress to reexamine the provisions of the 1996 welfare reform act that restrict non-citizens' eligibility for prenatal care. HCR 258 cites the potential financial savings of funding prenatal care for children who are Medicaid eligible after birth and babies born to non-citizens. HCR 258 will be sent to the presiding officers of the Senate and House of Representatives of the U.S. Congress and to each member of the Louisiana congressional delegation.
Signed by Governor:
Governor Napolitano of Arizona signed a bill into a law (AZ HB 2789) that states that the HPV vaccine is not required for school attendance. HB 2789 also specifies that coverage for pregnant women under the Arizona Health Care Cost Containment system extends to women with a family income of up to 150% of the federal poverty line. These provisions will go into effect on the 91st day after the legislature adjourns.
Governor Crist of Florida signed a bill (FL SB 992) into law that amends the abortion clinic licensing laws. SB 992 revises the rulemaking authority of the state department of health over abortion clinics to permit rulemaking under the general health facility and the abortion clinic licensing laws. SB 992 repeals a provision that gave clinics reasonable time comply with any rule applicable to abortion clinic licensing. The bill also raises the fee for licensing from between $35-$250 to between $70-$500. SB 992 became effective on July 1, 2007.
Governor Blanco of Louisiana signed a budget bill (LA HB 1) into law for the 2007-2008 fiscal year that appropriates $1 million to the Department of Social Services, Office of Family Support for abortion alternatives services. The bills state purpose is to "increase the stability of families through preventative and intervention strategies." The funds cannot go to entities that promote, refer for or perform abortions. This bill became effective on July 1, 2007.
Governor Blunt of Missouri signed a bill (MO HB 10) into law that appropriates approximately $1.7 million dollars from the general revenue fund to the Department of Health and Senior Services Division of Community and Public Health for the purpose of funding "alternatives to abortion" services for women at or below 200 percent of the Federal Poverty Level. HB 10 allocates funds for services and counseling to assist a woman in carrying her pregnancy to term, in caring for her dependant child, or in placing her child up for adoption. Funded services will be available during pregnancy and for up to one year after childbirth and could include prenatal care, medical and mental health care, drug and alcohol testing and treatment, adoption assistance, child care, and other services relating to pregnancy and parenting. None of the funds allocated under HB 10 can be used to fund family planning services and organizations that perform, induce or refer for abortions. HB 10 became effective on July 1, 2007.
Governor Lynch of New Hampshire signed a bill (NH HB 184) into law that repeals the existing parental notification statute. The existing statute required abortion providers to notify a parent or guardian at least 48 hours before performing an abortion on an unemancipated minor, without exception for medical emergencies that would affect the minor's health. The parental notification law was struck down in both the New Hampshire federal district court and the 1st Circuit Court of Appeals for lack of a medical emergency exception. In 2006, the United States Supreme Court sent the law back down to the lower courts to consider whether the New Hampshire legislature would have wanted this law with a medical emergency exception. HB 184 is effective immediately.
Governor Lynch of New Hampshire signed a bill (NH HB 286) into law that will require the state Department of Health and Human Services to develop a federal Medicaid waiver to expand family planning services. In its fiscal impact statement, the Department stated that the waiver will cover family planning services for all individuals whose income is less than 185% of FPL. The waiver includes both men and women of childbearing age, and covers only those health services mandated by the federal government. HB 286 will become effective 60 days after passage.
Governor Corzine of New Jersey signed a bill (NJ A 5005) that amends the State Health Benefits plan for state employees and requires that any contracts entered into by the State Health Benefits Commission include coverage for "obstetrical services including…abortion." This provision went into effect on July 1, 2007.
Enrolled:
The Illinois legislature enrolled a bill (IL SB 937) that would require insurance coverage of the HPV vaccine for girls under eighteen who meet requirements to be established by the Department of Public Health. Additionally, SB 937 would require the Department of Health to establish and administer a program, commencing no later than July 1, 2011, under which any female under eighteen can receive a free series of HPV vaccinations as medically indicated upon request. If enacted, this bill will become effective immediately.
The Louisiana legislature enrolled a bill (LA HB 25) that would require abortion providers to inform any woman seeking an abortion, regardless of the gestational age of the fetus, of the availability of anesthesia or analgesics to prevent pain to the fetus that could be caused by the abortion. Additionally, HB 25 would require the Department of Health and Hospitals to revise the mandatory informed consent materials provided to patients to state that by 20 weeks gestation, a fetus can experience and respond to pain, and that anesthesia is routinely administered to fetuses for prenatal surgery at 20 weeks gestation or later. Finally, HB 25 requires physicians to inform any woman seeking an abortion of the option to review and receive an ultrasound image of the fetus. If enacted, this bill will become effective on August 15, 2007.
The Louisiana legislature enrolled two so-called "partial birth abortion" ban bills (LA SB 161 and LA HB 614). Both measures seek to ban the same procedure as the federal ban, recently upheld by the U.S. Supreme Court. Like the federal ban, the procedure described in SB 161 and HB 614 can only be used when necessary to save the life of the pregnant woman. SB 161 and HB 614 also create a civil cause of action identical the cause of action created by the federal ban. However, these bills both contain possibly harsher criminal penalties than the federal law and would impose a sentence of hard labor or imprisonment of 1-10 years; a fine of $10,000-$100,000; or both on any person who knowingly performs such an abortion procedure. If enacted, the impact of these bans would be to allow enforcement at the state level. If signed, SB 161 and HB 614 will both become effective immediately.
The Louisiana legislature enrolled a bill (LA HB 178) that expands the definition of prenatal neglect to include "exposure to chronic or severe use of alcohol" and the use of any controlled dangerous substance "in a manner not lawfully prescribed" that results in symptoms of withdrawal to the newborn; the presence of a controlled substance or related metabolic in the newborn; or observable and harmful effects in the newborn's appearance or functioning. HB 178 also requires physicians to issue reports to the local child protection unit if there are symptoms of withdrawal in the newborn or other observable effects that the physician believes are due to chronic or severe alcohol use during pregnancy or if toxicology test on the newborn return positive. Finally, HB 178 defines newborn for the Louisiana children's code as a "child who is not more than 30 days old." If enacted, this bill will become effective August 15, 2007.
