AB 392

This bill requires the Department of Health Services to provide state

reimbursement under the Medical Assistance program and state-based family

planning funding to a nonpublic family planning provider if the nonpublic family

planning provider becomes subject to a federal funding prohibition. A federal

funding prohibition is defined under the bill as an enacted federal law, a regulation,

or an executive order or action that prohibits federal moneys from being paid by the

state to a provider under the Medicaid program because of the scope of services

offered by the provider or the scope of services for which the provider offers referrals.

Under the bill, nonpublic family planning providers subject to a federal funding

prohibition would receive state Medical Assistance reimbursement for those family

planning services currently covered under the Medical Assistance program. The bill

requires DHS to ensure that Medical Assistance program enrollees are allowed

access to the nonpublic family planning provider to the same extent as before the

federal funding prohibition and to maintain requirements for the nonpublic family

planning provider that are the same as before the federal funding prohibition. The

bill also prohibits DHS from limiting the scope of services for which a nonpublic

family planning provider may offer a referral to receive the state reimbursement.

The bill also requires that if a nonpublic family planning provider is subject to

a federal funding prohibition, DHS must create a state-funded family planning

program to distribute state funds to any nonpublic family planning providers that

are subject to a federal funding prohibition.