Ariz. Rev. Stat. » Title 35

Ariz. Rev. Stat. § 35-196.02

Use of public funds or insurance for abortion prohibited; exception

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A. Notwithstanding any provisions of law to the contrary, no public funds nor tax monies of this state or any political subdivision of this state nor any federal funds passing through the state treasury or the treasury of any political subdivision of this state may be expended for payment to any person or entity for the performance of any abortion unless an abortion is necessary to save the life of the woman having the abortion.

B. Notwithstanding any other law, public monies or tax monies of this state or any political subdivision of this state shall not be expended directly or indirectly to pay the costs, premiums or charges associated with a health insurance policy, contract or plan that provides coverage, benefits or services related to the performance of any abortion unless an abortion is necessary to either:

1. Save the life of the woman having the abortion.

2. Avert substantial and irreversible impairment of a major bodily function of the woman having the abortion.

C. Notwithstanding any other law, public monies or tax monies of this state or any political subdivision of this state or any federal funds passing through the state treasury or the treasury of any political subdivision of this state or monies paid by students as part of tuition or fees to a state university or a community college shall not be expended or allocated for training to perform abortions.

D. This section does not prohibit the state from complying with the requirements of federal law in title XIX and title XXI of the social security act.

 

Notes of Decisions
Cited in 7 cases, 1993–2019 · leading case: Simat Corp. v. Arizona Health Care Cost Containment System
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Simat Corp. v. Arizona Health Care Cost Containment System (2002) ariz · cites it 48× “" A.R.S. § 35-196.02. AHCCCS will, however, fund abortion services for victims of rape or incest.”
Planned Parenthood Arizona Inc v. Tom Betlach (2013) ca9 “See Ariz.Rev.Stat. § 35-196.02. 2 . Planned Parenthood estimates that those reimbursements cover 55% of the costs it incurs in providing Medicaid services.”
State v. Chalice Renee Zeitner (2019) ariz · cites it 2× “See A.R.S. § 35-196.02(A)-(B). The State alleged that Zeitner lied about having cancer so her abortion would fall within the exception to that rule.”
Simat Corp. v. Arizona Health Care Cost Containment System (2001) arizctapp · cites it 20× “02, and ordered the state to fund medically necessary abortions to the same extent that it funds other pregnancy-related services.”
Unborn Child Amendment Committee v. Ward (1997) ark “3-04 (“no person may authorize or perform an abortion in a hospital owned, maintained, or operated within the state by the state”); see also Ariz. Rev. Stat. Ann. § 35-196.02 (“no public funds.”
Doe v. Arpaio (2007) arizctapp · cites it 2× “Specifically, the County cites A.R.S. § 35-196.02 (2000), 8 which states that public funds may not be “expended for payment to any person or entity for the performance of any abortion unless an abortion is necessary to save the life of the woman having the abortion.”
People Ex Rel. Hansen v. Phelan (1993) illappct “2224 , 2235): Ariz. Rev. Stat. Ann. §35-196.02 (1990); Idaho Code §56 — 209c (Supp.”
— Ariz. Rev. Stat. § 35-196.02(A) — 1 case
State v. Chalice Renee Zeitner (2019) ariz “See A.R.S. § 35-196.02(A)-(B). The State alleged that Zeitner lied about having cancer so her abortion would fall within the exception to that rule.”
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