26B-3-114. Department standards for eligibility under Medicaid -- Funds for abortions.
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Effective 5/1/2024
26B-3-114. Department standards for eligibility under Medicaid -- Funds for abortions.
(a)The department may develop standards and administer policies relating to eligibility under the Medicaid program if the standards and policies comply with Section 26B-3-108 .
(b)An applicant receiving Medicaid assistance may be limited to particular types of care or services or to payment of part or all costs of care determined to be medically necessary.
(2)The department may not provide any funds for medical, hospital, or other medical expenditures or medical services to otherwise eligible persons where the purpose of the assistance is to perform an abortion, unless the life of the mother would be endangered if an abortion were not performed.
(3)Any employee of the department who authorizes payment for an abortion contrary to the provisions of this section is guilty of a class B misdemeanor and subject to forfeiture of office.
(4)Any person or organization that, under the guise of other medical treatment, provides an abortion under auspices of the Medicaid program is guilty of a third degree felony and subject to forfeiture of license to practice medicine or authority to provide medical services and treatment.
Amended by Chapter 240 , 2024 General Session