2015 - 2016 LEGISLATURE
August 14, 2015 - Introduced by Representatives Jacque, Kleefisch, Allen,
Bernier, Born, Brandtjen, R. Brooks, Craig, Czaja, Edming, Gannon,
Heaton, Horlacher, Hutton, Jarchow, Knodl, Knudson, Kooyenga,
Kremer, Krug, T. Larson, Macco, Murphy, A. Ott, Petersen, Quinn,
Rohrkaste, Sanfelippo, Schraa, Skowronski, Steffen, Thiesfeldt, Tittl
and Vorpagel, cosponsored by Senators Kapenga,
Moulton, Roth and Stroebel. Referred to Committee on Health.
1An Act to create
253.075 of the statutes; relating to: family planning and
2preventive health services grants and granting rule-making authority.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Health Services (DHS) to apply, on an
annual basis, for grant funds under Title X of the federal Public Health Service Act
and to distribute funds received first to the Wisconsin Well-Woman Program and
public entities, including state, county, and local health departments and health
clinics, and, if there are remaining funds, to certain nonpublic entities.
Under this bill, DHS must annually apply for Title X grant funds and distribute
these funds for family planning and related preventive health services, including
those specified in the bill. DHS must distribute grant funds giving first priority to
the Wisconsin Well-Woman Program and to public entities, including state, county,
and local health departments and health clinics. If any moneys remain after those
distributions, DHS may then distribute grant funds to nonpublic entities that are
hospitals or federally qualified health centers that provide comprehensive primary
and preventive care.
Under this bill, a public entity that receives family planning and preventive
health services grant funds may provide some or all of the funds to other public or
private entities provided that the recipient of the funds does not provide abortion
services, make referrals for abortion services, or have an affiliate that provides
abortion services or makes referrals for abortion services.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
253.075 of the statutes is created to read:
2253.075 Family planning and related preventive health services grant. 3(1) Definitions.
In this section:
(a) "AIDS" means acquired immunodeficiency syndrome.
(b) "Family planning" has the meaning given in s. 253.07 (1) (a).
(c) "Family planning and related preventive health services funds" means 7
federal funds received by the state under Title X of the federal Public Health Service 8
Act, 42 USC 300
, that are allocated for the purposes described in this 9
(d) "Family planning services" has the meaning given in s. 253.07 (1) (b).
(e) "Federally qualified health center" means a center that meets the 12
requirements for federal funding under 42 USC 1396d
(1) of the federal Public 13
Health Service Act, and any amendments to that act, and that has been designated 14
as a federally qualified health center by the federal government.
(f) "HIV" has the meaning given in s. 252.01 (1m).
(g) "Hospital" has the meaning given in s. 50.33 (2).
17(2) Department's duties.
(a) The department shall annually apply to the 18
federal department of health and human services for grant funds under Title X of the 19
federal Public Health Service Act, 42 USC 300
(b) The department shall promulgate all rules necessary to implement and 21
administer this section.
1(3) Individual rights, medical privilege.
(a) The request of any person for 2
family planning services or his or her refusal to accept any service shall in no way 3
affect the right of the person to receive public assistance, public health services, or 4
any other public service. Nothing in this section may abridge the right of the 5
individual to make decisions concerning family planning nor may any individual be 6
required to state his or her reason for refusing any offer of family planning services.
(b) Any employee of the agencies engaged in the administration of the 8
provisions of this section may refuse to accept the duty of offering family planning 9
services to the extent that the duty is contrary to his or her personal beliefs. A refusal 10
may not be grounds for dismissal, suspension, demotion, or any other discrimination 11
in employment. The directors or supervisors of the agencies shall reassign the duties 12
of employees in order to carry out the provisions of this section.
(c) All information gathered by any agency, entity, or person conducting 14
programs in family planning, other than statistical information compiled without 15
reference to the identity of any individual or other information that the individual 16
allows to be released through his or her informed consent, shall be considered a 17
confidential medical record.
18(4) Family planning and preventive health services.
Subject to sub. (5), the 19
department shall distribute grants received under sub. (2) that may be used for 20
family planning and related preventive health services, including any of the 21
(a) Screening for cervical cancer and breast cancer.
(b) Screening for high blood pressure, anemia, and diabetes.
(c) Screening for sexually transmitted diseases and HIV or AIDS.
(d) Infertility services.
(e) Health education.
(f) Pregnancy testing.
(g) Contraceptive services.
(h) Pelvic exams.
(i) Referrals for other health and social services.
6(5) Family planning and related preventive health services funds.
(a) The 7
department shall distribute family planning and related preventive health services 8
funds to the well-woman program under s. 255.06 and to public entities, including 9
state, county, and local health departments and health clinics. If any moneys 10
remain, the department may then distribute grant funds under this section to 11
nonpublic entities that are hospitals or federally qualified health centers that 12
provide comprehensive primary and preventive care.
(b) Subject to par. (c), a public entity that receives family planning and related 14
preventive health services funds under this section may provide some or all of the 15
funds to other public or private entities provided that the recipient of the funds does 16
not do any of the following:
1. Provide abortion services.
2. Make referrals for abortion services.
3. Have an affiliate that provides abortion services or makes referrals for 20
(c) Providing abortion services, making referrals for abortion services, or 22
having an affiliate that provides abortion services or makes referrals for abortion 23
services solely under the circumstances described in s. 20.927 (2) does not disqualify
an entity from receiving family planning and preventive health services grant funds 2
from a public entity under par. (b).