HB 2216
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
House: GOV DP 4-3-0-0
HB 2216: pregnancy centers; grant program
Sponsor: Representative Blackman, LD 7
House Engrossed
Overview
Establishes the Positive Alternatives for Pregnancy and Parenting Grant Program, and
establishes requirements to receive a grant, how the program will be administered and
reporting requirements.
History
The Arizona Department of Health Services (Department) is required to post on their website
home page a list of public and private agencies and services available to assist a woman
through pregnancy, childbirth and while their child is a dependent. Agencies that counsel,
refer or perform abortions are prohibited from the list. The Department must also provide a
separate webpage for information about public and nonprofit adoption agencies not affiliated
with an abortion provider (A.R.S. § 36-2153.01).
The Health Insurance Portability and Accountability Act of 1996, commonly known as
HIPAA, establishes federal standards to protect a patient's sensitive health information from
being disclosed without their consent (CDC).
Provisions
1. Establishes the Positive Alternatives for Pregnancy and Parenting Grant Program
(Program) in the Department. (Sec.1)
2. States that the purpose of the Program is to develop a statewide effort to promote healthy
pregnancies and childbirths by awarding grants to nonprofits that provide pregnancy
support services. (Sec.1)
3. Allows the Department to accept and spend gifts, grants and donations for the Program.
(Sec.1)
4. Requires the Department to oversee the Program and authorizes the Department to use
a contract management agency to operate the Program including creating and
administering a grant program and coordinating between the Department and direct
client service providers. (Sec.1)
5. States the Program must fund services that include:
a) medical care and information including pregnancy tests, sexually transmitted
infection tests, other health screenings, ultrasound services, prenatal care and birth
classes and planning;
b) nutritional services and education;
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c) housing, education and employment assistance during pregnancy and up to one year
after a birth;
d) adoption education, planning and services;
e) child care assistance if necessary for the client to receive pregnancy support services;
f) parenting education and support services for up to one year following a birth;
g) material items that support pregnancy and childbirth such as cribs, car seats, clothing
and formula; and
h) information regarding healthcare benefits, including Medicaid coverage. (Sec.1)
6. Requires grants to be awarded annually on a competitive basis to direct client services
providers that display competent experience in services as prescribed above. (Sec.1)
7. Requires the Department, with input from the contract management agency , to
determine the maximum grant amounts allowed to be awarded to a direct client service
agency but prohibits the limit from being more than 85% of the annual revenue for the
prior year of any provider. (Sec.1)
8. Requires the direct client service provider to sign a contract with the contract
management agency stipulating they must use the funds at their discretion to provide
pregnancy support services and cannot use grant money to promote political or religious
purposes. (Sec.1)
9. Stipulates in the contract that direct client service providers cannot perform, promote or
act as a referral for abortion unless the client has a condition that makes abortion
necessary to prevent the client's death. (Sec.1)
10. Establishes requirements for a direct client service provider to apply for a grant including:
a) be a nonprofit incorporated in the state with a tax exempt 501(c)(3) status;
b) have a mission statement of promoting healthy pregnancy and childbirth;
c) have a system of financial accountability complying with generally accepted
accounting principles including an annual budget;
d) have a board that hires and supervises a director that manages the organization's
operations;
e) have provided pregnancy support services for one year prior to applying;
f) at a minimum offer pregnancy tests and counseling for women dealing with
unplanned pregnancy;
g) provide confidential and free pregnancy support services;
h) provide pregnant clients with accurate information on developmental characteristics
of babies and unborn children, including printed material on fetal development and
support available after birth;
i) ensure awarded grant money is not used to encourage or affirmatively counsel for
abortions unless it is necessary to prevent a woman from death, directly refer a woman
to an abortion provider or provide an abortion; and
j) maintain confidentiality of all data, files and records relating to clients in compliance
with state and federal law. (Sec.1)
11. Requires the Department to publish client service provider criteria on its website. (Sec.1)
12. Requires direct client service providers to maintain and report data to the contract
management agency annually that includes the number of clients who:
a) used the direct client service provider's pregnancy support services;
b) are or were pregnant; and HB 2216
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c) chose childbirth, adoption or abortion after receiving pregnancy support services. (Sec.
1)
13. Allows the Department, at their discretion, to require other information and data from a
provider. (Sec.1)
14. Requires the Department, the contract management agency and direct client service
providers to maintain confidentiality of all data, files and records of clients related to the
services provided according to federal and state laws including HIPAA. (Sec.1)
15. Requires the contract management agency to contract an audit of direct client service
providers annually 120 days after the agency's fiscal year to verify they are in compliance
with all statutory and Department requirements. (Sec.1)
16. Requires the Department to report no later than September 1 about the program to the
Governor, Speaker of the House of Representatives and Senate President, with a copy of
the report sent to the Secretary of State. (Sec.1)
17. Requires the report include the number of gifts, grants and donations the Program
receives, the total amount of Program expenses and the amounts awarded as grants to
direct client service providers. (Sec.1)
18. Defines pertinent terms. (Sec.1)