| 1 | A bill to be entitled |
| 2 | An act relating to health insurance; creating ss. |
| 3 | 627.64995, 627.66996, and 641.31099, F.S.; prohibiting |
| 4 | certain health insurance policies and health maintenance |
| 5 | contracts from providing coverage for abortions; providing |
| 6 | exceptions; defining the term "state"; amending s. |
| 7 | 627.6515, F.S.; providing that certain restrictions on |
| 8 | coverage for abortions apply to certain group health |
| 9 | insurance policies issued or delivered outside the state |
| 10 | which provide coverage to residents of the state; |
| 11 | providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Section 627.64995, Florida Statutes, is created |
| 16 | to read: |
| 17 | 627.64995 Restrictions on use of state and federal funds |
| 18 | for state exchanges.- |
| 19 | (1) A health insurance policy or group health insurance |
| 20 | policy under which coverage is purchased in whole or in part |
| 21 | with any state or federal funds through an exchange created |
| 22 | pursuant to the federal Patient Protection and Affordable Care |
| 23 | Act, Pub. L. No. 111-148, may not provide coverage for an |
| 24 | abortion as defined in s. 390.011(1), except if the physician |
| 25 | certifies in writing that an abortion is necessary to save the |
| 26 | life of the mother or if the pregnancy is the result of an act |
| 27 | of rape or incest. Coverage is deemed to be purchased with state |
| 28 | or federal funds if any tax credit or cost-sharing credit is |
| 29 | applied toward the health insurance policy or group health |
| 30 | insurance policy. |
| 31 | (2) This section does not prevent a health insurance |
| 32 | policy or group health insurance policy from providing any |
| 33 | person or entity with separate coverage for an abortion, if such |
| 34 | coverage is not purchased in whole or in part with any state or |
| 35 | federal funds. |
| 36 | (3) As used in this section, the term "state" means this |
| 37 | state and includes any political subdivision of the state. |
| 38 | Section 2. Section 627.66996, Florida Statutes, is created |
| 39 | to read: |
| 40 | 627.66996 Restrictions on use of state and federal funds |
| 41 | for state exchanges.- |
| 42 | (1) A group, franchise, or blanket health insurance policy |
| 43 | under which coverage is purchased in whole or in part with any |
| 44 | state or federal funds through an exchange created pursuant to |
| 45 | the federal Patient Protection and Affordable Care Act, Pub. L. |
| 46 | No. 111-148, may not provide coverage for an abortion as defined |
| 47 | in s. 390.011(1), except if the physician certifies in writing |
| 48 | that an abortion is necessary to save the life of the mother or |
| 49 | if the pregnancy is the result of an act of rape or incest. |
| 50 | Coverage is deemed to be purchased with state or federal funds |
| 51 | if any tax credit or cost-sharing credit is applied toward the |
| 52 | group, franchise, or blanket health insurance policy. |
| 53 | (2) This section does not prevent a group, franchise, or |
| 54 | blanket health insurance policy from providing any person or |
| 55 | entity with separate coverage for an abortion, if such coverage |
| 56 | is not purchased in whole or in part with any state or federal |
| 57 | funds. |
| 58 | (3) As used in this section, the term "state" means this |
| 59 | state and includes any political subdivision of the state. |
| 60 | Section 3. Section 641.31099, Florida Statutes, is created |
| 61 | to read: |
| 62 | 641.31099 Restrictions on use of state and federal funds |
| 63 | for state exchanges.- |
| 64 | (1) A health maintenance contract under which coverage is |
| 65 | purchased in whole or in part with any state or federal funds |
| 66 | through an exchange created pursuant to the federal Patient |
| 67 | Protection and Affordable Care Act, Pub. L. No. 111-148, may not |
| 68 | provide coverage for an abortion as defined in s. 390.011(1), |
| 69 | except if the physician certifies in writing that an abortion is |
| 70 | necessary to save the life of the mother or if the pregnancy is |
| 71 | the result of an act of rape or incest. Coverage is deemed to be |
| 72 | purchased with state or federal funds if any tax credit or cost- |
| 73 | sharing credit is applied toward the health maintenance |
| 74 | contract. |
| 75 | (2) This section does not prevent a health maintenance |
| 76 | contract from providing any person or entity with separate |
| 77 | coverage for an abortion, if such coverage is not purchased in |
| 78 | whole or in part with any state or federal funds. |
| 79 | (3) As used in this section, the term "state" means this |
| 80 | state and includes any political subdivision of the state. |
| 81 | Section 4. Paragraph (c) of subsection (2) of section |
| 82 | 627.6515, Florida Statutes, is amended to read: |
| 83 | 627.6515 Out-of-state groups.- |
| 84 | (2) Except as otherwise provided in this part, this part |
| 85 | does not apply to a group health insurance policy issued or |
| 86 | delivered outside this state under which a resident of this |
| 87 | state is provided coverage if: |
| 88 | (c) The policy provides the benefits specified in ss. |
| 89 | 627.419, 627.6574, 627.6575, 627.6579, 627.6612, 627.66121, |
| 90 | 627.66122, 627.6613, 627.667, 627.6675, 627.6691, and 627.66911, |
| 91 | and 627.66996. |
| 92 | Section 5. This act shall take effect July 1, 2011. |