Missouri HB 1303: Establishes the "Prioritization of Public Funding for Family Planning Act."

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 1303
100TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE DINKINS.
3403H.01IDANA RADEMAN MILLER, Chief Clerk
AN ACT
To amend chapter 192, RSMo, by adding thereto one new section relating to funding for family
planning.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A.  Chapter 192, RSMo, is amended by adding thereto  one new section, to be
2known as section 192.850, to read as follows:
192.850.  1.  This section shall be known as the "Prioritization of Public Funding for
2Family Planning Act".
32.  As used in this section, the following terms mean,
4(1)  "Department", the Missouri department of health and senior services;
5(2)  "Federally qualified health center", a health care provider that is eligible for
6federal funding under 42 U.S.C. 1396d(1)(2)(B);
7(3)  "Funds", federal funds provided under Title X (42 U.S.C. 300, et seq.) of the
8Social Security Act;
9(4)  "Hospital", a primary or tertiary care facility as defined in section 197.020;
10(5)  "Rural health clinic", a health care provider that is eligible for federal funding
11under 42 U.S.C. 1395x(aa)(2).
123.  Subject to any applicable requirements of federal statutes, rules, regulations, or
13guidelines, any expenditures of grants of funds designated for family planning services by
14the state by and through the department shall be made in the following order of priority:
15(1)  To public entities;
16(2)  To nonpublic hospitals and federally qualified health centers;
17(3)  To rural health clinics; and
EXPLANATION —Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

HB 13032
18(4)  To nonpublic health providers that have as their primary purpose the provision
19of the primary health care services enumerated in 42 U.S.C. 254b(a)(1).
204.  (1)  A cause of action in law or equity for recoupment or declaratory or
21injunctive relief against any person who has intentionally violated this section may be
22maintained by a county attorney with appropriate jurisdiction or by the attorney general.
23(2)  Any entity eligible for the receipt of funds, as defined in subdivision (3) of
24subsection 2 of this section, shall possess standing to bring any action that the county
25attorney or the attorney general has authority to bring under subdivision (1) of this
26subsection, provided that it is an expenditure or grant of funds made in violation of this
27section and has resulted in the reduction of funds available to such entity.  Any award of
28monetary relief in an action described in this subsection shall be made to an appropriate
29public officer for distribution as provided under subsection 3 of this section.
30(3)  If judgment is rendered in favor of the plaintiff in an action described in this
31subsection, the court shall award reasonable attorney's fees to the plaintiff.
32(4)  If judgment is rendered in favor of the defendant in an action described in this
33subsection and the court finds that the plaintiff's suit was frivolous and brought in bad
34faith, the court shall award reasonable attorney's fees to the defendant.
355.  If any provision of this section or its application to any person or circumstance
36is held invalid, such determination shall not affect the provisions or applications of this
37section, which may be given effect without the invalid provision or application, and to that
38end the provisions of this section are severable.
T