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