26-18-4 - Department standards for eligibility under Medicaid -- Funds for abortions.
26-18-4. Department standards for eligibility under Medicaid -- Funds forabortions.
(1) The department may develop standards and administer policies relating to eligibilityunder the Medicaid program as long as they are consistent with Subsection 26-18-3(8). Anapplicant receiving Medicaid assistance may be limited to particular types of care or services orto payment of part or all costs of care determined to be medically necessary.
(2) The department shall not provide any funds for medical, hospital, or other medicalexpenditures or medical services to otherwise eligible persons where the purpose of theassistance is to perform an abortion, unless the life of the mother would be endangered if anabortion were not performed.
(3) Any employee of the department who authorizes payment for an abortion contrary tothe provisions of this section is guilty of a class B misdemeanor and subject to forfeiture ofoffice.
(4) Any person or organization that, under the guise of other medical treatment, providesan abortion under auspices of the Medicaid program is guilty of a third degree felony and subjectto forfeiture of license to practice medicine or authority to provide medical services andtreatment.
Amended by Chapter 62, 2008 General Session