| 1 | 1 | | 82R8237 TRH-F |
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| 2 | 2 | | By: Hunter, Callegari, Hughes, Button, H.B. No. 816 |
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| 3 | 3 | | Phillips, et al. |
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| 4 | 4 | | Substitute the following for H.B. No. 816: |
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| 5 | 5 | | By: Huberty C.S.H.B. No. 816 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to coverage provided by certain qualified health plans for |
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| 11 | 11 | | abortions. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Title 8, Insurance Code, is amended by adding |
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| 14 | 14 | | Subtitle K to read as follows: |
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| 15 | 15 | | SUBTITLE K. FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT |
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| 16 | 16 | | CHAPTER 1671. COVERAGE FOR ABORTION; PROHIBITIONS AND REQUIREMENTS |
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| 17 | 17 | | Sec. 1671.001. DEFINITIONS. In this chapter: |
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| 18 | 18 | | (1) "Abortion" has the meaning assigned by Section |
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| 19 | 19 | | 171.002, Health and Safety Code. |
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| 20 | 20 | | (2) "Health benefit exchange" means an American Health |
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| 21 | 21 | | Benefit Exchange administered by the federal government or created |
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| 22 | 22 | | pursuant to Section 1311(b) of the Patient Protection and |
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| 23 | 23 | | Affordable Care Act (Pub. L. No. 111-148). |
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| 24 | 24 | | (3) "Qualified health plan" has the meaning assigned |
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| 25 | 25 | | by Section 1301(a) of the Patient Protection and Affordable Care |
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| 26 | 26 | | Act (Pub. L. No. 111-148). |
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| 27 | 27 | | Sec. 1671.002. PROHIBITED COVERAGE THROUGH HEALTH BENEFIT |
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| 28 | 28 | | EXCHANGE. (a) A qualified health plan offered through a health |
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| 29 | 29 | | benefit exchange may not provide coverage for an abortion other |
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| 30 | 30 | | than coverage for an abortion performed when a condition exists, |
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| 31 | 31 | | based on reasonable medical judgment, that complicates the medical |
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| 32 | 32 | | condition of the pregnant woman or pregnant minor to an extent that: |
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| 33 | 33 | | (1) the immediate abortion of her pregnancy is |
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| 34 | 34 | | necessary to avert her death; or |
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| 35 | 35 | | (2) a delay in performing the abortion creates a |
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| 36 | 36 | | serious risk of substantial and irreversible physical impairment of |
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| 37 | 37 | | a major bodily function, other than a psychological or emotional |
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| 38 | 38 | | condition. |
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| 39 | 39 | | (b) Subsections (a)(1) and (2) do not authorize coverage for |
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| 40 | 40 | | an abortion based on a potential future medical condition that may |
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| 41 | 41 | | result from a voluntary act of the woman or minor after the abortion |
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| 42 | 42 | | is performed. |
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| 43 | 43 | | (c) This section does not prevent a person from purchasing |
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| 44 | 44 | | optional or supplemental coverage for abortions under a health |
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| 45 | 45 | | benefit plan other than a qualified health plan offered through a |
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| 46 | 46 | | health benefit exchange. |
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| 47 | 47 | | SECTION 2. This Act applies only to a qualified health plan |
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| 48 | 48 | | offered through a health benefit exchange that is delivered, issued |
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| 49 | 49 | | for delivery, or renewed on or after January 1, 2012. A qualified |
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| 50 | 50 | | health plan offered through a health benefit exchange that is |
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| 51 | 51 | | delivered, issued for delivery, or renewed before January 1, 2012, |
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| 52 | 52 | | is governed by the law as it existed immediately before the |
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| 53 | 53 | | effective date of this Act, and that law is continued in effect for |
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| 54 | 54 | | that purpose. |
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| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2011. |
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