Senator CASH proposes the following amendment (4100R057.SP.RJC.DOCX):

Amend the bill, as and if amended, Part IB, Section 33, DEPARTMENT OF HEALTH & HUMAN SERVICES, page 370, after line 33, by adding an appropriately numbered new proviso to read:

/33.__. (DHHS: Defunding Planned Parenthood) None of the state funds appropriated for family planning may be expended to directly or indirectly subsidize abortion services, procedures, or administrative functions. Furthermore, none of the state funds appropriated herein may be paid or granted to an organization that provides abortion services. An otherwise qualified organization may not be disqualified from the 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 which the life of a mother is at risk and the termination of a 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 physicians 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.

It is not the intent of the State of South Carolina, by enacting this proviso, to put the State in the status of noncompliance with the federal government concerning Medicaid and Medicaid funding; thereby resulting in the interruption of Medicaid funds being disbursed to the State. On or about July 1, 2021, the Director of the South Carolina Department of Health and Human Services (SCDHHS) shall request an official opinion from the appropriate federal agency concerning whether the requirements contained in this proviso would result in an interruption of Medicaid funding being disbursed to the State. In his request for an official opinion, the SCDHHS' Director shall ask that the official opinion be supplemented with a full justification, including, but not limited to, citations to federal law, regulations, and case law relevant to the opinion. This proviso shall be suspended upon SCDHHS receiving official notice from the appropriate federal agency that enforcement of this proviso will result in an interruption of Medicaid funding being disbursed to the State. The suspension shall continue until final disposition of the question of whether this proviso results in the interruption of Medicaid funding being disbursed to the State, whether by a judicial determination or an administrative action. /

Amend sections, totals and title to conform.