State of South Dakota
LEGISLATIVE ASSEMBLY, 2013
HOUSE STATE AFFAIRS
ENGROSSED NO. HB 1214 - 02/14/2013
Introduced by: Representatives Hunhoff (Bernie), Bartling, Craig, Cronin, Feickert,
Feinstein, Greenfield, Hajek, Hansen, Hawks, Hickey, Kirschman, Nelson,
Olson (Betty), Steele, and Wick and Senators Adelstein, Bradford, Kirkeby,
Maher, Soholt, Sutton, and Welke
FOR AN ACT ENTITLED, An Act to provide medical care for certain unborn children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. There is hereby created the prenatal care program, a separate health assistance
program as allowed under Title XXI of the federal Social Security Act, as amended to, and 42
C.F.R. 457.10, solely to provide for the medical care of unborn children whose mothers are
ineligible for coverage under Title XIX of the federal Social Security Act based on their
Section 2. Within thirty days after the effective date of this Act, the Department of Social
Services shall submit a state plan amendment or waiver for approval by the federal Centers for
Medicare and Medicaid Services to provide prenatal coverage under the medical assistance
program in accordance with this Act.
Section 3. The department shall implement the prenatal care program and shall receive and
distribute the state and federal funds appropriated or provided for benefits pursuant to this Act.
Section 4. The secretary shall promulgate rules pursuant to chapter 1-26 in accordance with
the provisions of Title XXI of the federal Social Security Act, as amended to, and 42 C.F.R
457.10. The rules shall specify the individuals and services for which state funds or federal
financial participation are available and may include:
(1) The amount, scope, and duration of prenatal medical services;
(2) The basis for and extent of provider payments on behalf of an eligible person;
(3) The establishment and collection of co-payments, premiums, fees, or charges for
sharing the cost of risk protection or services to persons. All such collections shall
be remitted to the general fund;
(4) Methods of administration found necessary for the operation of the prenatal care
(5) Safeguards against the disclosure or improper use of information, required by
statutory law to be held confidential, concerning applicants for or recipients of
medical assistance; and
(6) Such other requirements as may be necessary to obtain federal financial participation
in the medical assistance program.
Section 5. The department shall determine eligibility for this program using the same income
limits and methodology used to determine eligibility for the pregnancy program under Title
Section 6. The department shall determine the scope of services eligible to provide health
coverage for the unborn child for this program in accordance with the federal regulations.
Section 7. Medical services for medical issues unrelated to the pregnancy or separate to the
mother are not covered under this Act.