(a) The department is authorized to receive and disburse such funds as may be available to it for family planning programs in accordance with this section.

(b)

(1) Notwithstanding any other law, any funds that become available to the department for family planning programs, in excess of funds needed to operate family planning programs in county or district health departments, must be awarded to eligible entities in the following order of descending priority:

(A) Public entities that are eligible under state and federal law to provide family planning services, including state, county, and local community health centers, and federally qualified health centers;

(B) Nonpublic entities that are eligible under state and federal law to provide family planning services and that provide comprehensive primary and preventative care services; and

(C) Nonpublic entities that are eligible under state and federal law to provide family planning services, but that do not provide comprehensive primary and preventative care services.

(2) For purposes of subdivisions (b)(1)(B) and (C), “comprehensive primary and preventative care services” means those services described in Sections 330(b)(1)(A)(i)(I), (II), (III)(aa)-(gg) and (IV), and 330(b)(1)(A)(ii) of the Public Health Service Act (42 U.S.C. §§ 254b(b)(1)(A)(i)(I), (II), (III)(aa)-(gg),(IV), and 42 U.S.C. § 254b(b)(1)(A)(ii)) as well as pharmaceutical services as may be appropriate for particular entities.

(c) Notwithstanding subsection (b), the department shall ensure, in compliance with federal law, distribution of funds for family planning services in a manner that does not severely limit or eliminate access to those services in any region of the state.