82R8237 TRH-F
By: Hunter, Callegari, Hughes, Button, H.B. No. 816
Phillips, et al.
Substitute the following for H.B. No. 816:
By: Huberty C.S.H.B. No. 816
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 K to read as follows:
SUBTITLE K. FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT
CHAPTER 1671. COVERAGE FOR ABORTION; PROHIBITIONS AND REQUIREMENTS
Sec. 1671.001. 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
pursuant to Section 1311(b) of the Patient Protection and
Affordable Care Act (Pub. L. No. 111-148).
(3) "Qualified health plan" has the meaning assigned
by Section 1301(a) of the Patient Protection and Affordable Care
Act (Pub. L. No. 111-148).
Sec. 1671.002. 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) Subsections (a)(1) and (2) do 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 abortions 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, 2012. A qualified
health plan offered through a health benefit exchange that is
delivered, issued for delivery, or renewed before January 1, 2012,
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, 2011.