CHAPTER 28-6B
MEDICAL CARE FOR UNBORN CHILDREN
28-6B-1 Prenatal care program created.
28-6B-2 Repealed.
28-6B-3 Administration by department.
28-6B-4 Promulgation of rules.
28-6B-5 Eligibility for program.
28-6B-6 Scope of services.
28-6B-7 Medical issue unrelated to pregnancy not included.
28-6B-8 Abortion not included--Exception.
28-6B-1. Prenatal care program created.
There is hereby created the prenatal care program, a separate health assistance program, 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.
Source: SL 2016, ch 148, § 1; SL 2019, ch 127, § 11.
28-6B-3. Administration by department.
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 chapter.
Source: SL 2016, ch 148, § 3.
28-6B-4. Promulgation of rules.
The secretary shall promulgate rules pursuant to chapter 1-26. 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.
Source: SL 2016, ch 148, § 4; SL 2019, ch 127, § 12.
28-6B-5. Eligibility for program.
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.
Source: SL 2016, ch 148, § 5.
28-6B-6. Scope of services.
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.
Source: SL 2016, ch 148, § 6.
28-6B-7. Medical issue unrelated to pregnancy not included.
No medical services for a medical issue unrelated to the pregnancy or separate to the mother is covered under this chapter.
Source: SL 2016, ch 148, § 7.
28-6B-8. Abortion not included--Exception.
For purposes of this chapter, 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).
Source: SL 2016, ch 148, § 8.
