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.