CS/HB 97

1
A bill to be entitled
2An act relating to health insurance; creating ss.
3627.64995, 627.66996, and 641.31099, F.S.; prohibiting
4certain health insurance policies and health maintenance
5contracts from providing coverage for abortions; providing
6exceptions; defining the term "state"; amending s.
7627.6515, F.S.; providing that certain restrictions on
8coverage for abortions apply to certain group health
9insurance policies issued or delivered outside the state
10which provide coverage to residents of the state;
11providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Section 627.64995, Florida Statutes, is created
16to read:
17     627.64995  Restrictions on use of state and federal funds
18for state exchanges.-
19     (1)  A health insurance policy or group health insurance
20policy under which coverage is purchased in whole or in part
21with any state or federal funds through an exchange created
22pursuant to the federal Patient Protection and Affordable Care
23Act, Pub. L. No. 111-148, may not provide coverage for an
24abortion as defined in s. 390.011(1), except if the physician
25certifies in writing that an abortion is necessary to save the
26life of the mother or if the pregnancy is the result of an act
27of rape or incest. Coverage is deemed to be purchased with state
28or federal funds if any tax credit or cost-sharing credit is
29applied toward the health insurance policy or group health
30insurance policy.
31     (2)  This section does not prevent a health insurance
32policy or group health insurance policy from providing any
33person or entity with separate coverage for an abortion, if such
34coverage is not purchased in whole or in part with any state or
35federal funds.
36     (3)  As used in this section, the term "state" means this
37state and includes any political subdivision of the state.
38     Section 2.  Section 627.66996, Florida Statutes, is created
39to read:
40     627.66996  Restrictions on use of state and federal funds
41for state exchanges.-
42     (1)  A group, franchise, or blanket health insurance policy
43under which coverage is purchased in whole or in part with any
44state or federal funds through an exchange created pursuant to
45the federal Patient Protection and Affordable Care Act, Pub. L.
46No. 111-148, may not provide coverage for an abortion as defined
47in s. 390.011(1), except if the physician certifies in writing
48that an abortion is necessary to save the life of the mother or
49if the pregnancy is the result of an act of rape or incest.
50Coverage is deemed to be purchased with state or federal funds
51if any tax credit or cost-sharing credit is applied toward the
52group, franchise, or blanket health insurance policy.
53     (2)  This section does not prevent a group, franchise, or
54blanket health insurance policy from providing any person or
55entity with separate coverage for an abortion, if such coverage
56is not purchased in whole or in part with any state or federal
57funds.
58     (3)  As used in this section, the term "state" means this
59state and includes any political subdivision of the state.
60     Section 3.  Section 641.31099, Florida Statutes, is created
61to read:
62     641.31099  Restrictions on use of state and federal funds
63for state exchanges.-
64     (1)  A health maintenance contract under which coverage is
65purchased in whole or in part with any state or federal funds
66through an exchange created pursuant to the federal Patient
67Protection and Affordable Care Act, Pub. L. No. 111-148, may not
68provide coverage for an abortion as defined in s. 390.011(1),
69except if the physician certifies in writing that an abortion is
70necessary to save the life of the mother or if the pregnancy is
71the result of an act of rape or incest. Coverage is deemed to be
72purchased with state or federal funds if any tax credit or cost-
73sharing credit is applied toward the health maintenance
74contract.
75     (2)  This section does not prevent a health maintenance
76contract from providing any person or entity with separate
77coverage for an abortion, if such coverage is not purchased in
78whole or in part with any state or federal funds.
79     (3)  As used in this section, the term "state" means this
80state and includes any political subdivision of the state.
81     Section 4.  Paragraph (c) of subsection (2) of section
82627.6515, Florida Statutes, is amended to read:
83     627.6515  Out-of-state groups.-
84     (2)  Except as otherwise provided in this part, this part
85does not apply to a group health insurance policy issued or
86delivered outside this state under which a resident of this
87state is provided coverage if:
88     (c)  The policy provides the benefits specified in ss.
89627.419, 627.6574, 627.6575, 627.6579, 627.6612, 627.66121,
90627.66122, 627.6613, 627.667, 627.6675, 627.6691, and 627.66911,
91and 627.66996.
92     Section 5.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.