| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to coverage provided by certain qualified health plans for |
|
|
abortions. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 8, Insurance Code, is amended by adding |
|
|
Subtitle L to read as follows: |
|
|
SUBTITLE L. FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT |
|
|
CHAPTER 1692. COVERAGE FOR ABORTION; PROHIBITIONS AND REQUIREMENTS |
|
|
Sec. 1692.001. DEFINITIONS. In this chapter: |
|
|
(1) "Abortion" has the meaning assigned by Section |
|
|
171.002, Health and Safety Code. |
|
|
(2) "Health benefit exchange" means an American Health |
|
|
Benefit Exchange administered by the federal government or created |
|
|
under Section 1311(b), Patient Protection and Affordable Care Act |
|
|
(42 U.S.C. Section 18031(b)). |
|
|
(3) "Qualified health plan" has the meaning assigned |
|
|
by Section 1301(a), Patient Protection and Affordable Care Act (42 |
|
|
U.S.C. Section 18021(a)). |
|
|
Sec. 1692.002. PROHIBITED COVERAGE THROUGH HEALTH BENEFIT |
|
|
EXCHANGE. (a) A qualified health plan offered through a health |
|
|
benefit exchange may not provide coverage for an abortion other |
|
|
than coverage for an abortion performed when a condition exists, |
|
|
based on reasonable medical judgment, that complicates the medical |
|
|
condition of the pregnant woman or pregnant minor to an extent that: |
|
|
(1) the immediate abortion of her pregnancy is |
|
|
necessary to avert her death; or |
|
|
(2) a delay in performing the abortion creates a |
|
|
serious risk of substantial and irreversible physical impairment of |
|
|
a major bodily function, other than a psychological or emotional |
|
|
condition. |
|
|
(b) Subsection (a) does not authorize coverage for an |
|
|
abortion based on a potential future medical condition that may |
|
|
result from a voluntary act of the woman or minor after the abortion |
|
|
is performed. |
|
|
(c) This section does not prevent a person from purchasing |
|
|
optional or supplemental coverage for abortion under a health |
|
|
benefit plan other than a qualified health plan offered through a |
|
|
health benefit exchange. |
|
|
SECTION 2. This Act applies only to a qualified health plan |
|
|
offered through a health benefit exchange that is delivered, issued |
|
|
for delivery, or renewed on or after January 1, 2016. A qualified |
|
|
health plan offered through a health benefit exchange that is |
|
|
delivered, issued for delivery, or renewed before January 1, 2016, |
|
|
is governed by the law as it existed immediately before the |
|
|
effective date of this Act, and that law is continued in effect for |
|
|
that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2015. |