Florida Senate - 2011                      CS for CS for SB 1414
       
       
       
       By the Committees on Budget; and Banking and Insurance; and
       Senator Wise
       
       
       
       576-04689-11                                          20111414c2
    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; amending s. 627.6699, F.S.;
   12         providing that certain restrictions on coverage for
   13         abortions apply to plans under the Employee Health
   14         Care Access Act; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 627.64995, Florida Statutes, is created
   19  to read:
   20         627.64995 Restrictions on use of state and federal funds
   21  for state exchanges.—
   22         (1) A health insurance policy under which coverage is
   23  purchased in whole or in part with any state or federal funds
   24  through an exchange created pursuant to the federal Patient
   25  Protection and Affordable Care Act, Pub. L. No. 111-148, may not
   26  provide coverage for an abortion as defined in s. 390.011(1),
   27  except if the pregnancy is the result of an act of rape or
   28  incest, or in the case where a woman suffers from a physical
   29  disorder, physical injury, or physical illness, including a
   30  life-endangering physical condition caused by or arising from
   31  the pregnancy itself, which would, as certified by a physician,
   32  place the woman in danger of death unless an abortion is
   33  performed. Coverage is deemed to be purchased with state or
   34  federal funds if any tax credit or cost-sharing credit is
   35  applied toward the health insurance policy.
   36         (2)This section does not prohibit a health insurance
   37  policy from offering separate coverage for an abortion if such
   38  coverage is not purchased in whole or in part with state or
   39  federal funds.
   40         (3) As used in this section, the term “state” means this
   41  state or any political subdivision of the state.
   42         Section 2. Section 627.66995, Florida Statutes, is created
   43  to read:
   44         627.66995 Restrictions on use of state and federal funds
   45  for state exchanges.—
   46         (1) A group, franchise, or blanket health insurance policy
   47  under which coverage is purchased in whole or in part with any
   48  state or federal funds through an exchange created pursuant to
   49  the federal Patient Protection and Affordable Care Act, Pub. L.
   50  No. 111-148, may not provide coverage for an abortion as defined
   51  in s. 390.011(1), except if the pregnancy is the result of an
   52  act of rape or incest, or in the case where a woman suffers from
   53  a physical disorder, physical injury, or physical illness,
   54  including a life-endangering physical condition caused by or
   55  arising from the pregnancy itself, which would, as certified by
   56  a physician, place the woman in danger of death unless an
   57  abortion is performed. Coverage is deemed to be purchased with
   58  state or federal funds if any tax credit or cost-sharing credit
   59  is applied toward the group, franchise, or blanket health
   60  insurance policy.
   61         (2) This section does not prohibit a group, franchise, or
   62  blanket health insurance policy from offering separate coverage
   63  for an abortion if such coverage is not purchased in whole or in
   64  part with state or federal funds.
   65         (3) As used in this section, the term “state” means this
   66  state or any political subdivision of the state.
   67         Section 3. Section 641.31099, Florida Statutes, is created
   68  to read:
   69         641.31099 Restrictions on use of state and federal funds
   70  for state exchanges.—
   71         (1) A health maintenance contract under which coverage is
   72  purchased in whole or in part with any state or federal funds
   73  through an exchange created pursuant to the federal Patient
   74  Protection and Affordable Care Act, Pub. L. No. 111-148, may not
   75  provide coverage for an abortion as defined in s. 390.011(1),
   76  except if the pregnancy is the result of an act of rape or
   77  incest, or in the case where a woman suffers from a physical
   78  disorder, physical injury, or physical illness, including a
   79  life-endangering physical condition caused by or arising from
   80  the pregnancy itself, which would, as certified by a physician,
   81  place the woman in danger of death unless an abortion is
   82  performed. Coverage is deemed to be purchased with state or
   83  federal funds if any tax credit or cost-sharing credit is
   84  applied toward the health maintenance contract.
   85         (2) This section does not prohibit a health maintenance
   86  contract from offering separate coverage for an abortion if such
   87  coverage is not purchased in whole or in part with state or
   88  federal funds.
   89         (3) As used in this section, the term “state” means this
   90  state or any political subdivision of the state.
   91         Section 4. Paragraph (c) of subsection (2) of section
   92  627.6515, Florida Statutes, is amended to read:
   93         627.6515 Out-of-state groups.—
   94         (2) Except as otherwise provided in this part, this part
   95  does not apply to a group health insurance policy issued or
   96  delivered outside this state under which a resident of this
   97  state is provided coverage if:
   98         (c) The policy provides the benefits specified in ss.
   99  627.419, 627.6574, 627.6575, 627.6579, 627.6612, 627.66121,
  100  627.66122, 627.6613, 627.667, 627.6675, 627.6691, and 627.66911,
  101  and complies with the requirements of s. 627.66995.
  102         Section 5. Present subsection (17) of section 627.6699,
  103  Florida Statutes, is renumbered as subsection (18), and a new
  104  subsection (17) is added to that section, to read:
  105         627.6699 Employee Health Care Access Act.—
  106         (17) RESTRICTIONS ON COVERAGE.—
  107         (a) A plan under which coverage is purchased in whole or in
  108  part with any state or federal funds through an exchange created
  109  pursuant to the federal Patient Protection and Affordable Care
  110  Act, Pub. L. No. 111-148, may not provide coverage for an
  111  abortion, as defined in s. 390.011(1), except if the pregnancy
  112  is the result of an act of rape or incest, or in the case where
  113  a woman suffers from a physical disorder, physical injury, or
  114  physical illness, including a life-endangering physical
  115  condition caused by or arising from the pregnancy itself, which
  116  would, as certified by a physician, place the woman in danger of
  117  death unless an abortion is performed. Coverage is deemed to be
  118  purchased with state or federal funds if any tax credit or cost
  119  sharing credit is applied toward the plan.
  120         (b) This subsection does not prohibit a plan from providing
  121  any person or entity with separate coverage for an abortion if
  122  such coverage is not purchased in whole or in part with state or
  123  federal funds.
  124         (c) As used in this section, the term “state” means this
  125  state or any political subdivision of the state.
  126         Section 6. This act shall take effect July 1, 2011.