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A BILL TO BE ENTITLED
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AN ACT
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relating to coverage provided by certain qualified health plans for |
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abortions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 8, Insurance Code, is amended by adding |
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Subtitle K to read as follows: |
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SUBTITLE K. FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT |
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CHAPTER 1671. COVERAGE FOR ABORTION; PROHIBITIONS AND REQUIREMENTS |
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Sec. 1671.001. DEFINITIONS. In this chapter: |
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(1) "Abortion" has the meaning assigned by Section |
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171.002, Health and Safety Code. |
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(2) "Health benefit exchange" means an American Health |
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Benefit Exchange administered by the federal government or created |
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pursuant to Section 1311(b) of the Patient Protection and |
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Affordable Care Act (Pub. L. No. 111-148). |
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(3) "Qualified health plan" has the meaning assigned |
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by Section 1301(a) of the Patient Protection and Affordable Care |
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Act (Pub. L. No. 111-148). |
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Sec. 1671.002. PROHIBITED COVERAGE THROUGH HEALTH BENEFIT |
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EXCHANGE. (a) A qualified health plan offered through a health |
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benefit exchange may not provide coverage for an abortion other |
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than coverage for an abortion performed when a condition exists, |
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based on reasonable medical judgment, that complicates the medical |
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condition of the pregnant woman or pregnant minor to an extent that: |
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(1) the immediate abortion of her pregnancy is |
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necessary to avert her death; or |
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(2) a delay in performing the abortion creates a |
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serious risk of substantial and irreversible physical impairment of |
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a major bodily function, other than a psychological or emotional |
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condition. |
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(b) Subsections (a)(1) and (2) do not authorize coverage for |
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an abortion based on a potential future medical condition that may |
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result from a voluntary act of the woman or minor after the abortion |
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is performed. |
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(c) This section does not prevent a person from purchasing |
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optional or supplemental coverage for abortions under a health |
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benefit plan other than a qualified health plan offered through a |
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health benefit exchange. |
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SECTION 2. This Act applies only to a qualified health plan |
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offered through a health benefit exchange that is delivered, issued |
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for delivery, or renewed on or after January 1, 2012. A qualified |
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health plan offered through a health benefit exchange that is |
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delivered, issued for delivery, or renewed before January 1, 2012, |
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is governed by the law as it existed immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |