HB 2012 Modifies provisions relating to health care, including MO HealthNet, prison nurseries, and abortion

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Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 2012 - This act modifies several provisions relating to health care, including: (1) the "Born-Alive Abortion Survivors Protection Act"; (2) fetal organs or tissue; (3) the importation and distribution of drugs used to perform or induce an abortion; (4) the offense of hoarding aborted human remains; (5) public funding of abortion, abortion facilities, and their affiliates; (6) MO HealthNet benefits for pregnant and postpartum women; (7) MO HealthNet provider qualifications; and (8) the Correctional Center Nursery Program.

"BORN-ALIVE ABORTION SURVIVORS PROTECTION ACT" (Section 188.035)

This act creates the "Born-Alive Abortion Survivors Protection Act". Under this act, a child born alive during or after an abortion or attempted abortion shall have the same rights, privileges, and immunities as any other person, citizen, and resident of Missouri, including any other live-born child.

Any licensed, registered, or certified health care provider present at the time a child is born alive during or after an abortion or attempted abortion shall exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious provider would render to any other child born alive at the same gestational age or fetal weight, as well as ensure that the child is transported and admitted to a hospital following such care if necessary.

A person shall be civilly liable under this act when he or she: (1) knowingly, recklessly, or negligently causes the death of a child born alive during or after an abortion or attempted abortion; (2) knowingly fails to comply with the health care provider standards of care described in this act; (3) knowingly performs or induces, or attempts to perform or induce, an unlawful abortion; (4) knowingly aids or abets another person to undergo a self-induced abortion or attempted self-induced abortion or to procure an unlawful abortion or attempted unlawful abortion; (5) knowingly, recklessly, or negligently supplies or makes available any instrument, device, medicine, drug, or any other means or substance for another person to undergo a self-induced abortion or attempted self-induced abortion or to procure an unlawful abortion or attempted unlawful abortion; or (6) knowingly incites, solicits, or otherwise uses speech or writing as an integral part of conduct in violation of a valid criminal statute to influence another person to undergo a self-induced abortion or attempted self-induced abortion or to procure an unlawful abortion or attempted unlawful abortion.

A cause of action for personal injury, bodily injury, or wrongful death may be brought if injury or death arises out of or results from any of these circumstances to: (1) a person upon whom an unlawful abortion or attempted unlawful abortion was performed or induced; (2) a person who underwent a self-induced abortion or attempted self-induced abortion or who procured an unlawful abortion or attempted unlawful abortion; (3) a child who was born alive during or after an abortion or attempted abortion; or (4) an unborn child. In a cause of action for wrongful death, the spouse, partner, parents, and children of the deceased person, child, or unborn child shall be entitled to bring the action and receive damages, attorney fees, and other costs as described in the act. A defendant may not plead or prove a defense that the plaintiff or deceased person assumed or otherwise consented to certain risks involving self-induced or unlawful abortions or attempted self-induced or unlawful abortions. No person shall maintain a cause of action or receive an award of damages under this act if the person engaged in criminal conduct, domestic violence, or sexual assault that caused the pregnancy, or who is a family or household member who aided or abetted in the criminal conduct, domestic violence, or sexual assault.

The provisions of this act shall be applied, interpreted, and construed in a manner consistent with the Constitutions of the United States and Missouri.

This provision is identical to SCS/SB 753 (2022), substantially similar to HCS/HBs 1593 & 1959 (2022), SB 168 (2021), and SB 665 (2020), and similar to SB 388 (2019).

FETAL ORGANS OR TISSUE (Section 188.036 and 188.047)

Under this act, no person shall knowingly donate or make an anatomical gift of the fetal organs or tissue resulting from an abortion for medical, scientific, experimental, therapeutic, or other use. However, nothing in this provision shall prohibit the utilization of fetal organs or tissue to determine the cause or causes of any anomaly, illness, death, or genetic condition of the unborn child, paternity of the unborn child, or for law enforcement purposes. Any person who violates these new and existing provisions on prohibited uses of fetal organs or tissue resulting from an abortion shall be guilty of a Class E felony, as well as subject to revocation of his or her professional license.

These provisions are identical to provisions of SB 737 (2022).

IMPORTATION AND DISTRIBUTION OF DRUGS USED TO PERFORM OR INDUCE AN ABORTION (Sections 188.090, 338.270, and 338.337)

Under this act, a person or entity commits the offense of trafficking abortion-inducing drugs if such person or entity knowingly imports, exports, distributes, delivers, manufactures, produces, prescribes, administers, or dispenses, or attempts to do so, any medicine, drug, or other means or substance to be used to induce an abortion on another person in violation of state or federal law. The offense is a Class B felony. A woman upon whom an abortion is induced, or attempted, in violation of this act shall not be prosecuted for: (1) violating any provision of this act; (2) a conspiracy to violate any provision of this act; or (3) being criminally responsible for the conduct of another person who, or entity that, violated any of the provisions of this act.

Additionally, this act prohibits the Board of Pharmacy from issuing or renewing a non-resident pharmacy license if the applicant or licensee knowingly delivers directly to a patient in this state any medicine, drug, or other means or substance to be used to induce an abortion.

Finally, it shall be unlawful for a licensed or registered out-of-state wholesale distributor, out-of-state pharmacy acting as a distributor, drug outsourcer, or third-party logistics provider to knowingly deliver directly to a patient in this state any medicine, drug, or other means or substance to be used to induce an abortion. The penalty for a violation of this provision is the same as other unlawful acts of such entities and is a Class D felony.

This provision is identical to SCS/SB 1178 (2022).

OFFENSE OF HOARDING ABORTED HUMAN REMAINS (Section 188.165)

This act creates the offense of hoarding aborted human remains if a person knowingly possesses, outside of a hospital or abortion facility, 2 or more bodies of unborn children, or the arms, legs, fingers, toes, heads, trunks, limbs, appendages, or organs of 2 or more unborn children, which were obtained after he or she had performed or induced abortions on other persons. This offense shall be a Class D felony. The court shall order a person who has been found guilty of or pleaded guilty or nolo contendere to the offense to undergo psychological or psychiatric evaluation and treatment as the court determines to be appropriate.

This provision is substantially similar to provisions in SB 737 (2022).

PUBLIC FUNDING OF ABORTION (Sections 188.202, 188.207, 188.212, and 188.220)

Under this act, no federal act, law, executive order, administrative order, rule, or regulation shall infringe on the right of Missouri to restrict public funds, facilities, and employees from being used to perform, induce, or assist in an abortion; to encourage childbirth over abortion; to defend the religious beliefs or moral convictions of any person who or entity that does not want to be forced to directly or indirectly fund abortions; to prevent the state or its political subdivisions from being coerced, compelled, or commandeered by the federal government to enact, administer, or enforce a federal regulatory program that directly or indirectly funds abortion; or to prohibit the federal government from commanding or conscripting public officials to enforce a federal regulatory program that directly or indirectly funds abortion.

Under this act and beginning August 28, 2022, no project, as defined in the act, for a proposed or existing abortion facility or affiliate or associate thereof shall be eligible for a public financial benefit, defined as any economic or financial benefit offered or provided by the state or any political subdivision, including any appropriation, tax relief, tax increment financing, bond or loan relief, or special taxation district. Additionally, any lands, buildings, structures, facilities, places, or premises upon which a project that received a public financial benefit has been completed shall be restricted in perpetuity from being used by or for the benefit of an abortion facility or affiliate or associate thereof. The state shall inform any recipient of a public financial benefit for a project of these restrictions.

Any person or entity that receives a public financial benefit for a project and violates this act shall forfeit the benefit, be subject to action by the state or political subdivision to secure repayment of the benefit, with interest and a 10% penalty, and shall no longer be eligible to receive future benefits for eligible projects.

The provisions of this act may be enforced through existing law granting taxpayers standing to bring suit and granting jurisdiction to the Attorney General. If the state Auditor has reasonable cause to believe or suspect a violation of this act has occurred, he or she shall notify the Attorney General.

Finally, any taxpayer shall have standing to bring a cause of action in any court or administrative agency of competent jurisdiction to enforce these provisions.

These provisions are identical to provisions in SS/SB 667 (2022), SB 1103 (2022), and HB 1557 (2022).

MO HEALTHNET BENEFITS FOR PREGNANT AND POSTPARTUM WOMEN (Sections 208.151, 208.662, and B)

Currently, low-income pregnant and postpartum women receiving benefits through MO HealthNet for Pregnant Women or Show-Me Healthy Babies are eligible for pregnancy-related coverage throughout the pregnancy and for 60 days following the end of the pregnancy. Under this act, MO HealthNet coverage for these low-income women will include full Medicaid benefits for the duration of the pregnancy and for one year following the end of the pregnancy. This coverage shall begin April 1, 2022, or the effective date of the act, whichever is later, and shall continue during any period of time the federal authorization for such coverage is in effect. Currently, the federal American Rescue Plan of 2021 has authorized 5 years of this coverage.

These provisions have an emergency clause.

These provisions are identical to SCS/SBs 698 & 639 (2022) and provisions in HCS/SS#2/SB 823 (2022).

MO HEALTHNET PROVIDER QUALIFICATIONS (Sections 208.152, 208.153, 208.164, and 208.659)

Under this act, no public funds shall be expended to any abortion facility, or affiliate or associate thereof, including for MO HealthNet reimbursement. Additionally, this act prohibits reimbursement to abortion facilities, or associates or affiliates thereof, under the "Uninsured Women's Heath Program".

This act grants the Department of Social Services the authority to suspend, revoke, or cancel any contract or provider agreement or refuse to enter into a new contract or provider agreement with any provider when it has been determined that the provider, or any affiliate or associate thereof, committed fraud, abuse, or unethical behavior in another state's Medicaid program and was removed from or otherwise prohibited from being a provider in that state's program; provided, that such fraud, abuse, or unethical behavior, if it had occurred in this state, would be grounds for suspension, revocation, cancellation, or refusal to enter into a contract or provider agreement as a MO HealthNet provider.

Additionally, this act requires the Department to suspend, revoke, or cancel any contract or provider agreement or refuse to enter into a new contract or provider agreement with any provider when it is determined that the provider is not qualified to perform the required services because such provider has a conviction related to the delivery of any Medicare or state health program service; has a conviction related to the abuse or neglect of a patient; has a felony conviction related to health care fraud, theft, embezzlement, breach of fiduciary responsibility, or other financial misconduct; has a felony conviction related to the unlawful manufacture, distribution, prescription, or dispensation of a controlled substance; has been found guilty of a pattern of intentional discrimination in the delivery or non-delivery of health care services or is an organization whose original principles were based on eugenics; or is an abortion facility or an affiliate or associate thereof.

These provisions are identical to provisions in SS/SB 667 (2022) and SB 779 (2022).

THE "CORRECTIONAL CENTER NURSERY PROGRAM" (Section 217.940 to 217.947)

This act establishes the "Correctional Center Nursery Program" which requires the Department of Corrections to establish a correctional center nursery in one or more of the correctional centers for women operated by the Department by July 1, 2025. The program allows eligible inmates and children born to them while in the custody of the Department to reside together in the institution for up to eighteen months post-delivery. Nothing in this act shall affect, modify, or interfere with the inmate's custodial rights to the child nor establish legal custody of the child with the Department.

An inmate is eligible for the program if:

• She delivers the child while in custody of the Department;

• She gives birth on or after the program is implemented;

• She has a presumptive release date of 18 months or less from the date she applies to participate in the program;

• She has no dangerous felony, sexual offense, or offenses against the family convictions; and

• She meets any other criteria established by the Department.

To participate in the program, the inmate must agree to abide by certain requirements set forth in the act. Any inmate's participation in the program can be terminated by the Department for reasons set forth in the act.

The Division of Child Support Enforcement shall collect support payments made under the assignment and such payments shall be deposited in the inmate's banking account. The Department may accept donations on behalf of the program, but no donations shall be made on behalf of one particular inmate or child. Any financial donations for a specific inmate shall be made through the inmate banking system.

This act also established the "Correctional Center Nursery Program Fund" which shall be used to maintain the program.

This act provides that neither the Department of Corrections, nor the program, shall be subject to regulation, licensing, or oversight by the Department of Health and Senior Services, Department of Social Services, Children's Division, juvenile officer of any jurisdiction, or Office of Childhood unless the Department of Corrections agrees to voluntary regulation, licensing, or oversight.

Finally, the operation of a correctional center nursery program under this act and the presence of inmates' children in the program shall not be considered a dangerous condition that would result in the waiver of sovereign immunity.

These provisions are identical to provisions in HCS/SS/SCS/SB 834 (2022), the perfected SS/SCS/SB 683 (2022), and SCS/HCS/SB 2151.

SARAH HASKINS


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