AN ACT

 

1Amending Title 40 (Insurance) of the Pennsylvania Consolidated
2Statutes, providing for compliance with Federal health care
3legislation.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Part II heading of Title 40 of the Pennsylvania
7Consolidated Statutes is amended to read:

8PART II

9REGULATION OF INSURERS AND RELATED

10PERSONS GENERALLY

11[(Reserved)]

12Section 2. Part II of Title 40 is amended by adding a
13chapter to read:

14Chapter

1533. Compliance with Federal Health Care Legislation

16CHAPTER 33

17COMPLIANCE WITH FEDERAL

1HEALTH CARE LEGISLATION

2Sec.

33301. Definitions.

43302. Opt-out for abortion.

5§ 3301. Definitions.

6The following words and phrases when used in this chapter
7shall have the meanings given to them in this section unless the
8context clearly indicates otherwise:

9"Abortion." The term shall have the same meaning given to it
10in 18 Pa.C.S. § 3203 (relating to definitions).

11"Complication." The term shall have the same meaning given 
12to it in 18 Pa.C.S. § 3203 (relating to definitions).

13"Health insurance exchange." The term shall mean an
14insurance system established to comply with section 1311(b) or
151321(c) of the Patient Protection and Affordable Care Act
16(Public Law 111-148, 42 U.S.C. § 18031(b) or 18041(c)).

17§ 3302. Opt-out for abortion.

18(a) Prohibition.--The Commonwealth of Pennsylvania hereby 
19elects pursuant to the authority granted the states under 
20section 1303(a) of the Patient Protection and Affordable Care 
21Act (Public Law 111-148, 42 U.S.C. § 18023(a)) to prohibit 
22certain abortion coverage in qualified health plans offered 
23through the health insurance exchange under subsection (b).

24(b) Included coverage prohibition.--No qualified health plan
25offered in this Commonwealth through the health insurance
26exchange shall include coverage for the performance of any
27abortion unless the reason the abortion is performed is one for
28which the expenditure of public funds would be permitted under
2918 Pa.C.S. § 3215(c) (relating to publicly owned facilities;
30public officials and public funds).

1(c) Excluded coverage prohibited.--No qualified health plan
2offered in this Commonwealth through a health insurance exchange

3shall exclude coverage for:

4(1) Treatment of any postabortion complication.

5(2) Treatment of any miscarriage or any complication
6related to a miscarriage.

7(d) Option.--Nothing in this section shall prohibit an
8individual from purchasing optional supplemental abortion
9coverage provided the individual pays a separate premium for the
10coverage and obtains the coverage outside of the health
11insurance exchange.

12Section 3. This act shall take effect in 60 days.