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REFERENCE TITLE: abortion regulation; benefits |
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State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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HB 2138 |
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Introduced by Representatives Salman: De Los Santos, Ortiz, Stahl Hamilton
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An Act
amending title 36, chapter 20, Arizona Revised Statutes, by adding article 3; relating to abortion.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 20, Arizona Revised Statutes, is amended by adding article 3, to read:
ARTICLE 3. STATE BENEFITS FOR PREGNANCY
36-2166. Requirement to carry a pregnancy to term; state benefits; case management; right of civil action
A. A pregnant woman who, pursuant to section 1-219, chapter 23 of this title or this chapter, is barred from seeking an abortion and who is compelled by this state to carry the pregnancy to term and give birth to a child is entitled to all of the following benefits from this state:
1. Compensation for reasonable living, legal, medical, psychological and psychiatric expenses that are directly related to prenatal, intrapartal and postpartal periods of the woman's pregnancy and birth.
2. Eligibility to claim the unborn child as a child for the purposes of any child-related state income tax credit or deduction, including the child tax credit, the child and dependent care tax credit and the earned income tax credit.
3. Automatic eligibility for and entitlement to participate in this state's nurse-family partnership program through which a pregnant woman is paired with a specially trained nurse who provides home visits from early pregnancy through the child's second birthday.
4. Automatic eligibility for and entitlement to any public assistance available pursuant to title 46, including temporary assistance for needy families and supplemental nutrition assistance program benefits, which may not be reduced or suspended before the child reaches eighteen years of age.
5. If the woman or unborn child, or both, die during the gestational period or during labor and delivery, reimbursement of all associated funeral and burial expenses.
6. If the woman develops a disability as a result of carrying the unborn child to term, compensation for any medical expenses associated with the woman's disability, including costs associated with recommended surgery, treatment and physical or occupational therapy and other medical expenses, as long as the woman has a disability.
7. If the child is born with a congenital abnormality or disability, compensation for any medical expenses associated with the care of that abnormality or disability, including the costs of hospitalization, therapeutic treatment, equipment and accommodations that comply with the Americans with disabilities act, and long-term care and treatment for the life of the child.
8. Compensation for costs associated with health, dental and vision insurance for the child until the age of eighteen, including payment of any premiums, copays, deductibles and other expenses.
9. In the case of an unmarried woman, if the biological father of the child is unknown or unable to provide support, child support pursuant to title 25, chapter 5.
10. If the pregnancy was caused by rape or incest, child support pursuant to title 25, chapter 5.
11. A fully funded college savings plan established pursuant to section 529 of the internal revenue code for the benefit of the child.
B. To obtain the benefits provided in subsection A of this section, a woman shall file an affidavit with the department of economic security indicating that, but for Section 1-219, chapter 23 of this title or this chapter, the woman would have chosen to terminate the pregnancy and not give birth to the child. The affidavit may be filed any time after the woman becomes aware of the pregnancy and before the birth of the child.
C. On receipt of an affidavit filed by a woman pursuant to this section, the department of economic security shall assign a case manager to the woman in order to develop a case plan to ensure that the woman is receiving adequate prenatal care and to determine any available state-funded programs and services for which the woman and unborn child are eligible. The case manager must meet in person with the pregnant woman monthly to ensure that the pregnancy is continuing and that the requisite programs, services and funding are accessible. As part of the prenatal visits, the case manager shall review all reports of the nurse assigned through the nurse-family partnership program to ensure that the woman is maintaining a nutritious, healthy lifestyle for development of the unborn child. After the birth of the child, the case manager shall make a reasonable number of face-to-face visits, as determined by department rules, to ensure that the requisite programs, services and funding continue to be accessible for the woman and her child.
D. The legislature shall annually appropriate sufficient monies to award the benefits authorized and required by this section and to fund the operational costs incurred by the department of economic security in fulfilling the duties prescribed in subsection A of this section.
E. Any state agency or division of a state agency that determines eligibility for and award of any benefits prescribed in this section, including temporary assistance for needy families, supplemental nutrition assistance program benefits, child support, women, infant and children program benefits and nurse-family partnership program benefits, shall cooperate with the department of economic security as the department processes the award of the benefits in accordance with subsection A of this section. The department of economic security shall process any claims for benefits pursuant to this section in a timely manner.
F. In addition to the benefits a woman is entitled to receive pursuant to subsection A of this section:
1. Notwithstanding any other law, if the woman dies as a result of the pregnancy or child birth, the estate of the woman may pursue a civil action against this state for compensable and punitive damages.
2. Notwithstanding any other law, if the woman suffers a miscarriage as a result of the pregnancy, the woman may pursue a civil action against this state for compensable and punitive damages.
3. In the case of an unmarried woman, if the biological father is known, by admission or determination of paternity through DNA testing at any time during the pregnancy or after birth, child support must be paid by the biological father to the woman and is retroactive to the earlier of the date on which the woman became aware of the pregnancy or the date on which the woman could no longer terminate the pregnancy pursuant to section 1-219, chapter 23 of this title or this chapter.
4. In the case of an unmarried woman, if the biological father wilfully accrues more than $5,000 in child support arrearages, the biological father is guilty of a misdemeanor and, on conviction, shall be imprisoned for not more than three years. The court may suspend any portion of the prison sentence if the father consents to a voluntary vasectomy and to payment of restitution to the woman in the amount of the child support arrearages owed.
Sec. 2. Short title
This act may be cited as the "Arizona Pro Birth Accountability Act".