Louisiana 2016 2016 Regular Session

Louisiana House Bill HB606 Comm Sub / Analysis

                    DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part of the
legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 606 Reengrossed 2016 Regular Session	Hoffmann
Abstract:  Prohibits entities that perform abortions from receiving public funding for any purpose
from institutions, boards, commissions, departments, agencies, officials, or employees of the
state or its political subdivisions.
Present law provides that no public funds of any institution, board, commission, department, agency,
official, or employee of the state, or of any local political subdivision thereof, shall be used in any
way for, to assist in, or to provide facilities for an abortion, except when the abortion is medically
necessary to prevent the death of the mother.  Proposed law retains present law.
Proposed law provides that no institution, board, commission, department, agency, official, or
employee of the state, or of any local political subdivision thereof, shall contract with, award any
grant to, or otherwise bestow any funding upon an entity or organization that performs abortions, or
that contracts with an entity or organization that performs abortions, in Louisiana.  Provides that the
prohibition shall apply to state funds, federal funds, and any other funds that may be used for
purposes of contracting for services, providing reimbursements, or grant issuance.
Proposed law stipulates that the prohibition provided therein shall not be construed to restrict
funding to an entity that may perform the following types of abortions, exclusively:
(1)An abortion which is medically necessary to prevent the death of the mother.
(2)An abortion in a case when the mother is a victim of rape or incest.
(3)An abortion performed when the pregnancy is diagnosed as medically futile.  Provides that
for purposes of proposed law, "medically futile" means that, in reasonable medical judgment,
the unborn child has a profound and irremediable congenital or chromosomal anomaly that
is incompatible with sustaining life after birth.  Stipulates that this diagnosis shall be a
medical judgment certified in the pregnant woman's medical record by a reasonably prudent
physician who is knowledgeable about the case and the treatment possibilities with respect
to the medical conditions involved.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 40:1061.6(A); Adds R.S. 36:21)
Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill:
1. Stipulate that the prohibition provided in proposed law shall not be construed to restrict
funding to an entity that may from time to time perform an abortion when the pregnancy
is diagnosed as medically futile.
2. Provide that for purposes of proposed law, "medically futile" means that, in reasonable
medical judgment, the unborn child has a profound and irremediable congenital or
chromosomal anomaly that is incompatible with sustaining life after birth; and that this
diagnosis must be a medical judgment that would be made by a reasonably prudent
physician who is knowledgeable about the case and the treatment possibilities with
respect to the medical conditions involved.
The House Floor Amendments to the engrossed bill:
1. Provide that for purposes of proposed law, a diagnosis of a pregnancy as medically futile
shall be a medical judgment certified in the pregnant woman's medical record.
2. Make technical changes.