THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY D. WHITE, SCARNATI, PILEGGI, CORMAN, ORIE, MENSCH, ALLOWAY, ARGALL, FOLMER, VOGEL, ROBBINS, KASUNIC, GORDNER, WOZNIAK, BRUBAKER, RAFFERTY, WAUGH, ERICKSON, SMUCKER, WARD, BROWNE, MUSTO, YAW, PICCOLA, TOMLINSON, EICHELBERGER, McILHINNEY AND PIPPY, SEPTEMBER 13, 2010

REFERRED TO BANKING AND INSURANCE, SEPTEMBER 13, 2010  

AN ACT

Amending Title 40 (Insurance) of the Pennsylvania Consolidated

Statutes, providing for compliance with Federal health care

legislation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Part II heading of Title 40 of the Pennsylvania

Consolidated Statutes is amended to read:

PART II

REGULATION OF INSURERS AND RELATED

PERSONS GENERALLY

[(Reserved)]

Section 2.  Part II of Title 40 is amended by adding a

chapter to read:

Chapter

33.  Compliance with Federal Health Care Legislation

CHAPTER 33

COMPLIANCE WITH FEDERAL HEALTH CARE LEGISLATION

Sec.

3301.  Definitions.

3302.  Option for elective abortion.

§ 3301.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Elective abortion."  An abortion for a reason other than one

of the following:

(1)  To avert the death of the mother due to a physical

disorder, physical illness or physical injury. This paragraph

includes a life-endangering condition, certified by a

physician, caused by or arising from the pregnancy itself.

This paragraph does not include a claim or diagnosis that,

without the abortion, the mother will engage in conduct which

will result in her death.

(2)  To terminate a pregnancy which is the result of the

mother being a victim of an offense under 18 Pa.C.S. §

3121(a) (relating to rape) if, prior to the performance of

the abortion, the victim personally reported to a law

enforcement agency with requisite jurisdiction the offense

and, if known, the identity of the offender:

(i)  except as set forth in subparagraph (ii), within

72 hours of commission of the offense; or

(ii)  for a victim unable to report the offense,

during the period referred to in subparagraph (i), within

72 hours after recovery of ability to report the offense.

(3)  To terminate a pregnancy which is the result of an

offense under 18 Pa.C.S. § 4302 (relating to incest) if,

prior to the performance of the abortion and within 72 hours

of the time a physician notifies a victim that she is

pregnant:

(i)  except as set forth in subparagraph (ii), the

victim personally reported the offense and the name of

the offender to a law enforcement agency having the

requisite jurisdiction; or

(ii)  for a victim who is a minor, a report of the

offense and the name of the offender has been made to the

appropriate county child protective services agency.

"State exchange."  The insurance system utilized by the

Commonwealth to comply with section 1311(b) of the Patient

Protection and Affordable Care Act (Public Law 111-148, 42

U.S.C. § 18031(b)).

§ 3302.  Option for elective abortion.

(a)  Prohibition.--A qualified health plan offered through a

State exchange may not include coverage for an elective

abortion.

(b)  Option.--This section does not forbid an individual from

purchasing optional supplemental coverage for elective abortion

if the individual:

(1)  pays a separate premium for the coverage; and

(2)  obtains it outside of the State exchange.

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