Reps. HILL, MAGNUSON, and MCCABE propose the following Amendment No.     to H.4100 as introduced by Ways & Means

(Doc Name H:\LEGWORK\HOUSE\AMEND\H-WM\005\HHS ABORTION SUB.DOCX):

EXPLANATION: Prohibits HHS from accepting federal funds for family planning and from using state funds appropriated for family planning for any abortion-related procedures or administrative functions.

Amend the bill, as and if amended, Part IB, Section 33, DEPARTMENT OF HEALTH & HUMAN SERVICES, page 360, paragraph 33.25, lines 34-36, and page 361, lines 1-6, by striking the paragraph in its entirety and by and inserting:

/33.25. ( DHHS: Family Planning Funds) The State has enacted Section 43-5-1185 of the 1976 Code that prohibits state funds, directly or indirectly, from being utilized by Planned Parenthood for abortions, abortion services or procedures, or administrative functions related to abortions. Having prevented Planned Parenthood from performing abortions with state funds, once the federal injunction is lifted, the Department of Health and Human Services may not direct any federal funds to Planned Parenthood. An otherwise qualified organization may not be disqualified from receipt of these funds because of its affiliation with an organization that provides abortion services, provided that the affiliated organization that provides abortion services is independent of the qualified organization. An independent affiliate that provides abortion services must be separately incorporated from any organization that receives these funds. An organization that provides abortion services in compliance with Part 1.B., Proviso 33.12 of this act is excepted from the above restriction on state family planning funds and may receive state family planning funds. The Department of Health and Human Services may not accept federal funds for family planning. None of the state funds appropriated for family planning may be expended to directly or indirectly subsidize abortion services or procedures or administrative functions and none of the funds appropriated herein may be paid or granted to an organization that provides abortion services. An otherwise qualified organization may not be disqualified from receipt of these funds because of its affiliation with an organization that provides abortion services, provided that the affiliated organization that provides abortion services is independent of the qualified organization. An independent affiliate that provides abortion services must be separately incorporated from any organization that receives these funds. An organization that provides abortion services where the life of the mother is at risk and the termination of the pregnancy is incidental to the lifesaving intervention is excepted from the above restriction on state family planning funds and may receive state family planning funds, provided that the physician shall act in accordance with the standard of care to preserve both the life of the mother and the life of the pre-born child./

Amend totals and titles to conform.