View Amendment Current Amendment: MED to Bill 1

The Committee on Medical Affairs proposed the following amendment (1R008.SP.DBV):

Amend the bill, as and if amended, on page 4, by striking lines 39-40 and inserting:

/ heartbeat.

(B) No abortion may be performed or induced pursuant to this article un til the requirements contained in Article 3 of this chapter, the Woman's Right to Know Act, have been satisfied.

(C) A person who violates subsection (A) is guilty of a felony /

Amend the bill further, as and if amended, on page 8, line 34, by adding appropriately numbered new SECTIONS to read:

/ SECTION__. Section 44-41-330(A)(2) of the 1976 Code is amended to read:

"(2) The woman must be presented by the physician who is to perform the abortion or by an allied health professional working in conjunction with the physician a written form containing the following statement: 'You have the right to review printed materials prepared by the State of South Carolina which describe fetal development, list agencies which offer alternatives to abortion, including adoption and foster care, and describe medical assistance benefits which may be available for prenatal care, childbirth, and neonatal care. You have the right to view your ultrasound image.' This form must be signed and dated by both the physician who is to perform the procedure and the pregnant woman upon whom the procedure is to be performed."

SECTION__. Chapter 7, Title 43 of the 1976 Code is amended by adding:


Prenatal Care, Delivery, Neonatal, and Post-Natal Care

for Uninsured Women

Section 43-7-100. For the purposes of this article:

(1)' Department' means the South Carolina Department of Health and Human Services.

(2)' Medicaid' means the medical assistance program authorized by Title XIX of the Social Security Act and administered by the department.

(3)' Practitioner' means a physician or other health care professional licensed under state law to practice his profession.

(4)' Private insurer' means:

(a) a commercial insurance company offering health or casualty insurance to an individual or group, including an experienced-rated contract or indemnity contract;

(b) a profit or nonprofit prepaid plan offering either a medical service or full or partial payment for the diagnosis or treatment of an injury, disease, or disability;

(c) an organization administering a health or casualty insurance plan for a professional association, union, fraternal group, employer-employee benefit plan, or a similar organization offering these plans or services, including a self-insured or self-funded plan; or

(d) a group health plan, as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974; a service benefit plan; or a health maintenance organization.

(5) 'Uninsured' means a woman who does not have health insurance through a private insurer, is not enrolled in a government-provided health insurance program, or is not a Medicaid program recipient.

Section 43-7-110. A practitioner who provides prenatal care; delivery, neonatal, or post-natal care; or any other medically necessary services related to a pregnancy that are covered by Medicaid to an uninsured woman shall be reimbursed by the department for the costs of the care at the same rate that the practitioner would be reimbursed by Medicaid.

Section 43-7-115.The provisions of this article are applicable and available to persons legally in the United States currently residing in South Carolina.

Section 43-7-120. The department shall promulgate regulations concerning the reimbursement process pursuant to Section 43-7-110 and shall provide practitioners with reimbursement rates for reimbursable procedures pursuant to this article." /