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House Engrossed
appropriation; DHS; pregnancy resource centers |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HOUSE BILL 2229 |
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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:
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).
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.