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1995 Wisconsin Attorney General Reports and Opinions 1 (1995)

handle is hein.sag/sagwi0022 and id is 1 raw text is: STATE OF WISCONSIN
DEPARTMENT OF JUSTICE
JAMES E. DOYLE                                         114 East, State Capitol
ATTORNEY GENERAL                                       P.O. Box 7857
Burneatta L. Bridge                                    Madison, WI 53707-7857
Deputy Attorney General                                608/266-1221
OAG 1-95
February 14, 1995
The Honorable Michael G. Ellis
Chairperson
Senate Organization Committee
210 South, State Capitol
Madison, Wisconsin 53702
Dear Senator Ellis:
You request my opinion on the applicability of section 20.927,
Stats., to health insurance plans provided for state and local
government  employes  by  the   Group  Insurance  Board  (GIB).
Specifically, you question whether the use of funds by the Group
Insurance Board to contract with health maintenance organizations,
and to provide a standard plan, that cover abortions is consistent
with s. 20.927, Stats. [sic] It is my opinion that monies used to
fund state employe insurance plans are not state or local funds
and that, therefore, the GIB is not subject to the limitation of
section 20.927 when establishing and contracting for state and
local employe health insurance plans.
Section 20.927 precludes the expenditure of state or local
funds for performance of most abortions as follows:
(1) Except as provided under subs. (2) and (3), no
funds of this state or of any county, city, village or
town or of any subdivision or agency of this state or of
any county, city, village or town and no federal funds
passing through the state treasury shall be authorized
for or paid to a physician or surgeon or a hospital,
clinic or other medical facility for the performance of
an abortion.
(2)(a) This  section  does   not  apply  to  the
performance by a physician of an abortion which is
directly and medically necessary to save the life of the
woman or in a case of sexual assault or incest, provided
that prior thereto the physician signs a certification
which so states, and provided that, in the case of sexual
assault or incest the crime has been reported.to the law
enforcement authorities. . . .
(b) This section does not apply to the performance
by a physician of an abortion if, due to a medical

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