PURPOSE: This rule defines terms used in House Bill 10, 100th General Assembly, First 19 CSR 10-15

Regular Session, for purposes of expenditures by the Department of Health and Senior Services.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) Definitions.

   1. (A) Affiliate of any clinic, physician’s office, or any other place or facility in which abortions are performed or induced (as used in section 10.1100 of HB 10 and this regulation)—factors to be considered in making this determination include, but are not limited to: an organization or location that shares, or has in common, any resource with any clinic, physician’s office, or any other place or facility in which abortions are performed or induced including, but not limited to, operating funds, bank accounts, facilities, employees, service contracts, equipment, mailing lists, trademarks, copyrights, service marks, brands, trade names, financial reporting, marketing, advertising, websites, information and education materials, or any other assets.
   2. (B) Associate of any clinic, physician’s office, or any other place or facility in which abortions are performed or induced (as used in section 10.1100 of HB 10 and this regulation)—factors to be considered in making this determination include, but are not limited to: an organization or location that shares an organizational structure with any clinic, physician’s office, or any other place or facility in which abortions are performed or induced including, but not limited to, parent, subsidiary, or sister organizations; or an organization or location with common or interlocking management, ownership, or governance with any clinic, physician’s office, or any other place or facility in which abortions are performed or induced; or an organization or location with the public appearance of association with any clinic, physician’s office, or any other place or facility in which abortions are performed or induced, such as a shared name, or part of a name; an alliance or federation with an organization or location that is commonly identified as an advocate for abortion; or that holds itself out, has held itself out, or refers to itself publicly in a way that demonstrates a connection to an organization or location that is commonly identified as any clinic, physician’s office, or any other place or facility in which abortions are performed or induced.
   3. (C) Counsels women to have an abortion (as used in section 10.1005 of HB 10)—in the absence of an exception required by federal law, includes, but is not limited to, encouraging a patient to have an abortion, referring a patient for an abortion, or providing a patient with information encouraging her to have an abortion.
   4. (D) Program (as used in section 10.1005 of HB 10)—a project, service, or activity administered by the department.
   5. (E) Referring a patient for an abortion (as used in section 170.015, RSMo, for purposes of section 10.725 of HB 10)—does not include providing comprehensive, factual information regarding options, so long as the information is provided for all of the options and in a neutral manner. Also does not include providing contact information, so long as the contact information is provided for all of the options and in a neutral manner. Other actions, such as assisting with making an appointment or assisting with transportation, constitute referring a patient for an abortion.
2. (2) The department shall not expend any funds to any clinic, physician’s office, or any other place or facility in which abortions are performed or induced other than a hospital, including an abortion facility as defined in section 188.015, RSMo, or any affiliate or associate of any such clinic, physician’s office, or place or facility in which abortions are performed or induced other than a hospital, as determined by the department in accordance with this regulation.
3. (3) The department shall not expend any funds on any program that, in the absence of an exception required by federal law, performs abortions or counsels women to have an abortion.
4. (4) After July 1, 2019, no claims for payment shall be submitted by a provider until the provider submits the form provided by the department declaring that the provider will not submit claims for payment that violate HB 10. A copy of the form can be requested by contacting the department.

AUTHORITY: section 192.006, RSMo 2016,* and House Bill 10, 100th General Assembly, First Regular Session. Emergency rule filed July 5, 2018, effective July 15, 2018, expired Feb. 28, 2019. Original rule filed July 5, 2018, effective Feb. 28, 2019. Emergency amendment filed June 21, 2019, effective July 1, 2019, expired Feb. 27, 2020. Amended: Filed June 21, 2019, effective Jan. 30, 2020.

*Original authority: 192.006, RSMo 1993, amended 1995.