CHAPTER 1-A. ELIGIBILITY OF ABORTION PROVIDERS

FOR PUBLIC FUNDING

NOTE: Text of Chapter effective 30 days after federal action per Acts 2018, No. 498.

§200.51. Public funding for abortion providers; prohibition

A. For purposes of this Chapter, the term "abortion" shall have the meaning ascribed in R.S. 40:1061.9.

B.(1) The Louisiana Department of Health shall not enter into any provider agreement for medical assistance program funding, as defined in R.S. 46:437.3, with any healthcare provider, entity, or organization that does any of the following:

(a) Performs abortions in this state.

(b) Provides its own facilities where reimbursable medical assistance program services are performed for the use of another healthcare provider, entity, or organization for the purpose of performing abortions in this state.

(c) Hires or retains another healthcare provider, entity, or organization for the purpose of performing abortions in this state.

(d) Provides reimbursable medical assistance program services in the same physical facility as a licensed outpatient abortion facility.

(2)(a) The prohibition provided in this Section shall apply to state funds, federal funds, and any other public funds administered by the Louisiana Department of Health through a medical assistance program provider agreement. In the instance that a state or federal funding grant is denied to a healthcare provider, entity, or organization under this Section, such grant shall be redirected to qualified providers in the same geographical region as the healthcare provider, entity, or organization that was disqualified from such grant.

(b) For purposes of this Paragraph, "medical assistance program" and "provider agreement" shall have the meaning ascribed in R.S. 46:437.3.

(3) The prohibition provided in this Section shall not be construed to prohibit provision of public protections, such as fire, police, or emergency medical services, public utilities, or other such services to any entity or organization in the same manner as provided to the general public.

(4) The prohibition in this Section shall not be construed to restrict funding to an entity that may be engaged in performing the following types of abortions, exclusively, provided such abortions are performed in accordance with applicable state and federal laws:

(a) An abortion which is medically necessary to prevent the death of the mother.

(b) An abortion in a case when the mother is a victim of rape or incest.

(c) An abortion performed when the pregnancy is diagnosed as medically futile. For purposes of this Subparagraph, "medically futile" means that, in reasonable medical judgment, the unborn child has a profound and irremediable congenital or chromosomal anomaly that is incompatible with sustaining life after birth. This diagnosis shall be a medical judgment certified in the pregnant woman's medical record by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.

Redesignated from R.S. 36:21, See Acts 2016, No. 304, §5, eff. June 2, 2016; Acts 2018, No. 498, §1.