R414-1B-3. Certification

  (1) Each Medicaid provider that bills the Utah Department of Health for services related to an abortion billing code at any time after May 3, 2004, must certify that public funds it receives from the Department are not used to pay or otherwise reimburse, either directly or indirectly, any person, agency, or facility for the performance of any induced abortion services unless:

  (a) in the professional judgment of the pregnant woman's attending physician, the abortion is necessary to save the pregnant woman's life and all requirements of 42 CFR 441, Subpart E have been satisfied; or

  (b) the pregnancy is the result of rape or incest reported to law enforcement agencies, unless the woman was unable to report the crime for physical reasons or fear of retaliation.

  (2) The certification shall be ongoing and apply to all future claims unless the provider notifies the Department in writing of a change in its certification status.

  (3) Nothing in this rule shall increase Medicaid coverage for abortion services beyond what is required under federal law.