12 LC 28 6204S

The Senate Insurance and Labor Committee offered the following substitute to SB 434:

A BILL TO BE ENTITLED
AN ACT

To provide a short title; to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide a definition; to opt out of funding certain abortions through certain qualified health plans; to provide for certain exceptions; to provide for a right of intervention in certain lawsuits; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known and may be cited as the "Federal Abortion Mandate Opt-out Act."

SECTION 2.

Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding a new Code section to read as follows:

"33-24-59.16.

(a) No abortion coverage shall be provided by a qualified health plan offered through a state or federal law or regulation within the State of Georgia.

(b) For the purposes of this Code section, the term 'abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who dies as the result of natural causes in utero, accidental trauma, or a criminal assault on a pregnant woman or her unborn child which causes the premature termination of the pregnancy.

(c) This limitation shall not apply when a physician terminates a pregnancy in a manner which, in the reasonable medical judgment of the physician, provides the best opportunity for the unborn child to survive unless, in the reasonable medical judgment of the physician, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the woman than would another available method. No such greater risk shall be deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct which would result in her death or in substantial and irreversible physical impairment of a major bodily function.

(d) Nothing in this Code section shall be construed as creating or recognizing a right to an abortion.

(e) It is not the intention of this Code section to make lawful an abortion that is currently unlawful."

SECTION 3.

The General Assembly, by joint resolution, may appoint one or more of its members who sponsored or cosponsored this Act in his or her official capacity to intervene as a matter of right in any case in which the constitutionality of this Act or any portion thereof is challenged.

SECTION 4.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.