Assigned to GOV FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR H.B. 2547
abortions; public funding; prohibition
Purpose
Prohibits the state or any political subdivision of the state from providing public funding to any
entity that performs or promotes abortions, rather than any entity that performs nonfederally
qualified abortions.
Background
In 2012, the Legislature enacted legislation that prohibits the state or any political
subdivision of the state from contracting with or making grants to any person that performs
nonfederally qualified abortions or maintains or operates a facility where nonfederally qualified
abortions are performed for the provision of family planning services. The Attorney General or a
county attorney may bring an action in law or equity to enforce the prohibition, and relief must be
made available in appropriate circumstances, including recoupment and declaratory and injunctive
relief. A nonfederally qualified abortion is an abortion that does not meet the requirements for
federal reimbursement under Medicaid (A.R.S. ยง 35-196.05).
In 2013, the U.S. Court of Appeals for the Ninth Circuit held that the law violates the
Medicaid Act's requirement that states give Medicaid recipients a free choice of qualified provider
by precluding Medicaid patients from using medical providers qualified to perform family
planning services to patients in Arizona generally, solely on the basis that those providers
separately perform privately funded, legal abortions (Planned Parenthood V. Beltach, 727 F.3d
960 (9th Cir. 2013)).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Prohibits the state or any political subdivision of the state from entering into a contract with or
making a grant to any person that performs or promotes abortions or maintains or operates a
facility where abortions are performed or promoted, rather than a person or facility that
performs nonfederally qualified abortions.
2. Makes technical and conforming changes.
3. Becomes effective on the general effective date.
House Action
HHS 2/19/25 DP 4-3-0-0
3
rd
Read 3/3/25 32-26-2
FACT SHEET
bill number
Page 2
Prepared by Senate Research
March 6, 2025
AN