Representative Raymond P. Ward proposes the following substitute bill:




Chief Sponsor: Raymond P. Ward

Senate Sponsor: ____________


8     General Description:
9          This bill amends provisions relating to the use of public funds for contraceptives.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires the Department of Health to apply for certain grants under Title X of the
13     Public Health Service Act; and
14          ▸     allows a health care provider to accept Title X funding under certain circumstances.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     ENACTS:
21          26-1-41, Utah Code Annotated 1953

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 26-1-41 is enacted to read:
25          26-1-41. Title X grant funding -- Application -- Prioritization of funds --

26     Accepting Title X grant funding.
27          (1) Before June 1, 2020, the department shall, for purposes of grants offered under
28     Title X of the Public Health Service Act, 42 U.S.C. Sec. 300 et seq., shall:
29          (a) determine whether the requirements of 42 C.F.R. Sec. 59.5(a)(4) pertaining to
30     providing certain services to a minor without parental consent may be waived; and
31          (b) if the department determines that the requirement described in Subsection (1)(a)
32     may be waived, request a waiver of the requirement described in Subsection (1)(a).
33          (2) The department shall submit an application to the United States Department of
34     Health and Human Services for a grant under Title X of the Public Health Service Act, 42
35     U.S.C. Sec. 300 et seq.
36          (3) For any grant funding received by the department under Subsection (2), the
37     department shall:
38          (a) prioritize entities that efficiently provide family planning services to low income
39     women; and
40          (b) for entities that meet the criteria described in Subsection (3)(a), give positive
41     consideration to an entity that:
42          (i) expands the availability of family planning services, prenatal and postnatal care in
43     low-income, rural, and under-served areas of the state;
44          (ii) provides support for a woman to carry a pregnancy to term;
45          (iii) emphasizes the health and viability of the fetus; or
46          (iv) provides education and maternity support.
47          (4) Notwithstanding Sections 76-7-322, 76-7-323, and 76-7-325, a health care provider
48     may accept funds and provide services under Title X of the Public Health Service Act, 42
49     U.S.C. Sec. 300 et seq., if the health care provider:
50          (a) accepts funding from the state Medicaid program;
51          (b) complies with 42 U.S.C. Sec. 1396d(a)(xvii)(4)(c); and
52          (c) agrees to comply with the requirements of 42 U.S.C. Sec. 1396d(a)(xvii)(4)(c) with
53     respect to the funds received under Title X of the Public Health Service Act, 42 U.S.C. Sec.
54     300 et seq.