| 1 | A bill to be entitled | 
| 2 | An act relating to health insurance; creating ss. | 
| 3 | 627.64995, 627.66996, and 641.31099, F.S.; prohibiting | 
| 4 | certain health insurance policies and health maintenance | 
| 5 | contracts from providing coverage for abortions; providing | 
| 6 | exceptions; defining the term "state"; amending s. | 
| 7 | 627.6515, F.S.; providing that certain restrictions on | 
| 8 | coverage for abortions apply to certain group health | 
| 9 | insurance policies issued or delivered outside the state | 
| 10 | which provide coverage to residents of the state; | 
| 11 | 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 | 
| 32 | policy or group health insurance policy from providing any | 
| 33 | person or entity with separate coverage for an abortion, if such | 
| 34 | coverage is not purchased in whole or in part with any state or | 
| 35 | federal funds. | 
| 36 | (3)  As used in this section, the term "state" means this | 
| 37 | state and includes any political subdivision of the state. | 
| 38 | Section 2.  Section 627.66996, Florida Statutes, is created | 
| 39 | to read: | 
| 40 | 627.66996  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 and includes 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 and includes 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 627.66996. | 
| 92 | Section 5.  This act shall take effect July 1, 2011. |