Florida Senate - 2011                                    SB 1414
       
       
       
       By Senator Wise
       
       
       
       
       5-00415B-11                                           20111414__
    1                        A bill to be entitled                      
    2         An act relating to health insurance; creating ss.
    3         627.64995, 627.66995, and 641.31099, F.S.; prohibiting
    4         certain health insurance policies and health
    5         maintenance contracts from providing coverage for
    6         abortions; providing exceptions; defining the term
    7         “state”; amending s. 627.6515, F.S.; providing that
    8         certain restrictions on coverage for abortions apply
    9         to certain group health insurance policies issued or
   10         delivered outside the state which provide coverage to
   11         residents of the state; providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 627.64995, Florida Statutes, is created
   16  to read:
   17         627.64995 Restrictions on use of state and federal funds
   18  for state exchanges.—
   19         (1) A health insurance policy or group health insurance
   20  policy under which coverage is purchased in whole or in part
   21  with any state or federal funds through an exchange created
   22  pursuant to the federal Patient Protection and Affordable Care
   23  Act, Pub. L. No. 111-148, may not provide coverage for an
   24  abortion as defined in s. 390.011(1), except if the physician
   25  certifies in writing that an abortion is necessary to save the
   26  life of the mother or if the pregnancy is the result of an act
   27  of rape or incest. Coverage is deemed to be purchased with state
   28  or federal funds if any tax credit or cost-sharing credit is
   29  applied toward the health insurance policy or group health
   30  insurance policy.
   31         (2) This section does not prevent a health insurance policy
   32  or group health insurance policy from providing any person or
   33  entity with separate coverage for an abortion if such coverage
   34  is not purchased in whole or in part with any state or federal
   35  funds.
   36         (3) As used in this section, the term “state” means this
   37  state or any political subdivision of the state.
   38         Section 2. Section 627.66995, Florida Statutes, is created
   39  to read:
   40         627.66995 Restrictions on use of state and federal funds
   41  for state exchanges.—
   42         (1) A group, franchise, or blanket health insurance policy
   43  under which coverage is purchased in whole or in part with any
   44  state or federal funds through an exchange created pursuant to
   45  the federal Patient Protection and Affordable Care Act, Pub. L.
   46  No. 111-148, may not provide coverage for an abortion as defined
   47  in s. 390.011(1), except if the physician certifies in writing
   48  that an abortion is necessary to save the life of the mother or
   49  if the pregnancy is the result of an act of rape or incest.
   50  Coverage is deemed to be purchased with state or federal funds
   51  if any tax credit or cost-sharing credit is applied toward the
   52  group, franchise, or blanket health insurance policy.
   53         (2) This section does not prevent a group, franchise, or
   54  blanket health insurance policy from providing any person or
   55  entity with separate coverage for an abortion if such coverage
   56  is not purchased in whole or in part with any state or federal
   57  funds.
   58         (3) As used in this section, the term “state” means this
   59  state or any political subdivision of the state.
   60         Section 3. Section 641.31099, Florida Statutes, is created
   61  to read:
   62         641.31099 Restrictions on use of state and federal funds
   63  for state exchanges.—
   64         (1) A health maintenance contract under which coverage is
   65  purchased in whole or in part with any state or federal funds
   66  through an exchange created pursuant to the federal Patient
   67  Protection and Affordable Care Act, Pub. L. No. 111-148, may not
   68  provide coverage for an abortion as defined in s. 390.011(1),
   69  except if the physician certifies in writing that an abortion is
   70  necessary to save the life of the mother or if the pregnancy is
   71  the result of an act of rape or incest. Coverage is deemed to be
   72  purchased with state or federal funds if any tax credit or cost
   73  sharing credit is applied toward the health maintenance
   74  contract.
   75         (2) This section does not prevent a health maintenance
   76  contract from providing any person or entity with separate
   77  coverage for an abortion if such coverage is not purchased in
   78  whole or in part with any state or federal funds.
   79         (3) As used in this section, the term “state” means this
   80  state or any political subdivision of the state.
   81         Section 4. Paragraph (c) of subsection (2) of section
   82  627.6515, Florida Statutes, is amended to read:
   83         627.6515 Out-of-state groups.—
   84         (2) Except as otherwise provided in this part, this part
   85  does not apply to a group health insurance policy issued or
   86  delivered outside this state under which a resident of this
   87  state is provided coverage if:
   88         (c) The policy provides the benefits specified in ss.
   89  627.419, 627.6574, 627.6575, 627.6579, 627.6612, 627.66121,
   90  627.66122, 627.6613, 627.667, 627.6675, 627.6691, and 627.66911,
   91  and 627.66995.
   92         Section 5. This act shall take effect July 1, 2011.