State of South Dakota  
EIGHTY-EIGHTH SESSION
LEGISLATIVE ASSEMBLY, 2013  

418U0016   HOUSE ENGROSSED    NO.  HB 1214 -  02/22/2013  

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 citizenship status.
    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 program;
            (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 XIX.
    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.
    Section 8. The department shall report at least annually to the Legislature on the cost to the state of South Dakota on any waivers or state plan amendments to either expand eligibility or

services under Title XXI or Title XIX of the federal Social Security Act entered into after January 1, 2013. Such report shall also include whether such expanded eligibility or services could be reduced or additional costs placed upon the beneficiaries of such expanded program or services under Title XXI or Title XIX of the federal Social Security Act under current or pending federal law.
    Section 9. For the purposes of this Act, the term, prenatal medical services, does not include an abortion unless the abortion is necessitated by a medical emergency as defined in subdivision 34-23A-1(5).