AN ACT
ENTITLED, An Act to provide medical care for certain unborn children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That the code be amended by adding a NEW SECTION to read:
There is hereby created the prenatal care program, a separate health assistance program as
allowed under Title XXI of the federal Social Security Act, as amended to January 1, 2004, and 42
C.F.R. 457.10, solely to provide for the medical care of unborn children whose mothers are ineligible
for coverage under Title XIX of the federal Social Security Act based on their citizenship status.
Section 2. That the code be amended by adding a NEW SECTION to read:
Section 2. That the code be amended by adding a NEW SECTION to read:
Within thirty days after the effective date of this Act, the Department of Social Services shall
submit a state plan amendment or waiver for approval by the federal Centers for Medicare and
Medicaid Services to provide prenatal coverage under the medical assistance program in accordance
with this Act.
Section 3. That the code be amended by adding a NEW SECTION to read:
Section 3. That the code be amended by adding a NEW SECTION to read:
The department shall implement the prenatal care program and shall receive and distribute the
state and federal funds appropriated or provided for benefits pursuant to this Act.
Section 4. That the code be amended by adding a NEW SECTION to read:
Section 4. That the code be amended by adding a NEW SECTION to read:
The secretary shall promulgate rules pursuant to chapter 1-26 in accordance with the provisions
of Title XXI of the federal Social Security Act, as amended to January 1, 2004, and 42 C.F.R 457.10.
The rules shall specify the individuals and services for which state funds or federal financial
participation are available and may include:
(1) The amount, scope, and duration of prenatal medical services;
(2) The basis for and extent of provider payments on behalf of an eligible person;
(3) The establishment and collection of copayments, premiums, fees, or charges for sharing
the cost of risk protection or services to persons. All collections shall be remitted to the
general fund;
(4) Methods of administration found necessary for the operation of the prenatal care program;
(5) Safeguards against the disclosure or improper use of information, required by statutory
law to be held confidential, concerning applicants for or recipients of medical assistance;
and
(6) Any other requirements as may be necessary to obtain federal financial participation in
the medical assistance program.
Section 5. That the code be amended by adding a NEW SECTION to read:
Section 5. That the code be amended by adding a NEW SECTION to read:
The department shall determine eligibility for this program using the same income limits and
methodology used to determine eligibility for the pregnancy program under Title XIX.
Section 6. That the code be amended by adding a NEW SECTION to read:
Section 6. That the code be amended by adding a NEW SECTION to read:
The department shall determine the scope of services eligible to provide health coverage for the
unborn child for this program in accordance with the federal regulations.
Section 7. That the code be amended by adding a NEW SECTION to read:
Section 7. That the code be amended by adding a NEW SECTION to read:
No medical services for a medical issue unrelated to the pregnancy or separate to the mother is
covered under this Act.
Section 8. That the code be amended by adding a NEW SECTION to read:
Section 8. That the code be amended by adding a NEW SECTION to read:
For purposes of this Act, the term, prenatal medical services, does not include an abortion unless
the abortion is necessitated by a medical emergency as defined in subdivision 34-23A-1(5).
An Act to provide medical care for certain unborn children.
An Act to provide medical care for certain unborn children.
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I certify that the attached Act originated in the
HOUSE as Bill No. 1110
____________________________
Chief Clerk ____________________________
Speaker of the House
Attest:
____________________________
Chief Clerk
____________________________
Attest:
____________________________
Secretary of the Senate
House Bill No. 1110 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
