Florida Senate - 2019 SB 1290 By Senator Book 32-01932-19 20191290__ 1 A bill to be entitled 2 An act relating to clinics that perform abortions; 3 amending s. 390.0111, F.S.; deleting a provision 4 prohibiting state agencies, local governmental 5 entities, and Medicaid managed care plans from 6 expending or paying funds or initiating or renewing 7 contracts under certain circumstances with a certain 8 organization that owns, operates, or is affiliated 9 with a licensed clinic that performs abortions; 10 amending s. 390.012, F.S.; deleting a requirement that 11 the Agency for Health Care Administration inspect an 12 abortion clinic’s patient records when performing 13 licensure inspections; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Subsection (15) of section 390.0111, Florida 18 Statutes, is amended to read: 19 390.0111 Termination of pregnancies.— 20
(15) USE OF PUBLIC FUNDS RESTRICTED.—A state agency, a21 local governmental entity, or a managed care plan providing22 services under part IV of chapter 409 may not expend funds for23 the benefit of, pay funds to, or initiate or renew a contract24 with an organization that owns, operates, or is affiliated with25 one or more clinics that are licensed under this chapter and26 perform abortions unless one or more of the following applies:27 (a) All abortions performed by such clinics are:28 1. On fetuses that are conceived through rape or incest; or29 2. Are medically necessary to preserve the life of the30 pregnant woman or to avert a serious risk of substantial and31 irreversible physical impairment of a major bodily function of32 the pregnant woman, other than a psychological condition.33 (b) The funds must be expended to fulfill the terms of a34 contract entered into before July 1, 2016.35 (c) The funds must be expended as reimbursement for36 Medicaid services provided on a fee-for-service basis.37 Section 2. Paragraph (c) of subsection (1) of section 38 390.012, Florida Statutes, is amended to read: 39 390.012 Powers of agency; rules; disposal of fetal 40 remains.— 41 (1) The agency may develop and enforce rules pursuant to 42 ss. 390.011-390.018 and part II of chapter 408 for the health, 43 care, and treatment of persons in abortion clinics and for the 44 safe operation of such clinics. 45 (c) The rules shall provide for: 46 1. The performance of pregnancy termination procedures only 47 by a licensed physician. 48 2. The making, protection, and preservation of patient 49 records, which shall be treated as medical records under chapter 50 458. When performing a license inspection of a clinic, the51 agency shall inspect at least 50 percent of patient records52 generated since the clinic’s last license inspection.53 3. Annual inspections by the agency of all clinics licensed 54 under this chapter to ensure that such clinics are in compliance 55 with this chapter and agency rules. 56 4. The prompt investigation of credible allegations of 57 abortions being performed at a clinic that is not licensed to 58 perform such procedures. 59 Section 3. This act shall take effect upon becoming a law.