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HB2229 - 572R - H Ver
House Engrossed
appropriation; DHS;
pregnancy resource centers
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2229
AN
ACT
amending section 35-196.05, Arizona
Revised Statutes; relating to maternal services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 35-196.05, Arizona Revised
Statutes, is amended to read:
START_STATUTE
35-196.05.
Public funding; family planning services; contracting with
certain facilities; prohibition; enforcement; definitions
A. Subject to any applicable requirements of federal
law, regulations or guidelines, any appropriation, expenditure or grant of
public monies for family planning services by this state or any political
subdivision of this state shall be made in the following order of priority:
1. To health care facilities that are owned or
operated by this state or any political subdivision of this state.
2. To hospitals and federally qualified health
centers.
3. To rural health clinics.
4. To health care providers whose primary area of
practice is the provision of primary health services as enumerated in 42 United
States Code section 254b(b)(1).
B. This state or any political subdivision of this
state may not enter into a contract with or make a grant to any person that
does any of the following:
1.
Performs
nonfederally
qualified
abortions
.
or
2.
Maintains or operates a
facility where
nonfederally qualified
abortions are
performed
for the provision of family planning services
.
3. Provides
referrals for, or otherwise facilitates access to, abortion services as a
component of family planning programs that are funded with public monies.
C. The attorney
general or the county attorney may bring an action in law or equity to enforce
this section, and relief shall be made available in appropriate circumstances,
including recoupment and declaratory and injunctive relief.
D. Any entity that is eligible
for the
receipt of
to receive
public
monies has standing to bring any action that the attorney general or the county
attorney may bring pursuant to subsection C of this section
,
if the expenditure or grant of public monies has resulted in
the reduction of public monies available to that entity.
E. Any monies that are recouped under actions taken
pursuant to subsection C or D of this section shall revert to the fund from
which the monies were appropriated or granted. A prevailing
plaintiff under subsection C or D of this section shall be awarded reasonable
attorney fees and costs.
F. Subsection B of this section
applies to any contract for state employee health and accident insurance
pursuant to section 38-651.
F.
G.
For
the purposes of this section:
1. "Abortion" has the same meaning
prescribed in section 36-2151.
2. "Federally qualified health center"
means a health care provider that is eligible for federal funding under 42
United States Code section 1396d
(1)
(
l
)
(2)(B).
3. "Hospital" means a primary or tertiary
care facility
that is
licensed
pursuant to title 36, chapter 4, article 2.
4. "Nonfederally qualified
abortion" means an abortion that does not meet the requirements for
federal reimbursement under title XIX of the social security act.
5.
4.
"Public monies" means state monies from
whatever source, monies of a political subdivision from whatever source and
federal monies provided under title X of the public health service act (42
United States Code sections 300 through 300a-8) and titles V, XIX and XX
of the social security act.
6.
5.
"Rural health clinic" means a health
care provider that is eligible to receive federal funding under 42 United
States Code section 1395x(aa)(2).
END_STATUTE
Sec. 2.
Appropriation; department of health services;
pregnancy resource centers; eligible participating organizations; use of
monies; report
A. The sum of $3,000,000 is
appropriated from the state general fund in fiscal year 2026-2027 to the
department of health services for the support of pregnancy resource centers.
B. The monies appropriated
by subsection A of this section shall be distributed to eligible participating
organizations that:
1. Must meet the following
criteria:
(a) Be a nonprofit
organization that has operated in this state for the previous three years and
that employs at least five full-time employees.
(b) Provide medical
services that aid women in maintaining a pregnancy or that provide post-abortion,
post-miscarriage or post-birth care.
(c) Provide to at least
five patients per month any of the following pregnancy-related services:
(i) Pregnancy tests.
(ii) Sexually transmitted
infection testing.
(iii) Counseling for
pregnant women by a licensed counselor, psychologist, psychiatrist or other
similarly licensed professional.
(iv) Ultrasound services.
2. May not be any of the
following:
(a) A hospital.
(b) Affiliated with,
partnered with or work with any person or entity, including an abortion clinic
as defined in section 36-449.01, Arizona Revised Statutes, that performs,
induces, provides, refers for or assists with abortion services or abortion
related services.
3. Does not perform,
induce, provide referrals for or assist with abortions.
C. Monies distributed to an
eligible participating organization pursuant to subsection B of this section
must be used only in this state but may not be used to compensate any officer
or director of the eligible participating organization.
D. The monies appropriated
by
subsection A of this section may not be
distributed to:
1. An abortion clinic as
defined in section 36-449.01, Arizona Revised Statutes.
2. A pregnancy resource
center that refers patients to a clinic that or doctor who provides an
abortion.
E. On or before December
31, 2027, each eligible participating organization that received monies
pursuant to subsection B of this section shall submit a report to the
department of health services on all of the following information regarding women
who received services pursuant to subsection B, paragraph 1, subdivision (c) of
this section:
1. The total number of
patients served.
2. The total number of
services performed each month.
3. The total number of
services performed per service.
4. The total number of
women who received a service and who gave birth.
5. The total number of
women who received a service and who gave birth and subsequently placed the
child for adoption.
6. The total number of
client satisfaction surveys completed, if any.