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,and627.66911, 91 and 627.66995. 92 Section 5. This act shall take effect July 1, 2011.