Bill Text: GA SB460 | 2011-2012 | Regular Session | Engrossed
Bill Title: Insurance; provide a religious exception; requirement that every health benefit policy provide coverage for contraceptives
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2012-03-13 - House Second Readers [SB460 Detail]
Download: Georgia-2011-SB460-Engrossed.html
12 LC
37 1392
Senate
Bill 460
By:
Senators McKoon of the 29th, Shafer of the 48th, Ligon, Jr. of the 3rd and Hill
of the 32nd
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating
generally to insurance, so as to provide a religious exception for the
requirement that every health benefit policy in this state provide coverage for
contraceptives; to provide for related matters; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
24 of Title 33 of the Official Code of Georgia Annotated, relating generally to
insurance, is amended by revising subsection (e) of Code Section 33-24-59.6,
relating to prescribed female contraceptive drugs or devices insurance coverage,
as follows:
"33-24-59.6.
(a)
The General Assembly finds and declares that:
(1)
Maternal and infant health are greatly improved when women have access to
contraceptive supplies to prevent unintended pregnancies;
(2)
Because many Americans hope to complete their families with two or three
children, many women spend the majority of their reproductive lives trying to
prevent pregnancy;
(3)
Research has shown that 49 percent of all large group insurance plans do not
routinely provide coverage for contraceptive drugs and devices. While virtually
all health care plans cover prescription drugs generally, the absence of
prescription contraceptive coverage is largely responsible for the fact that
women spend 68 percent more in out-of-pocket expenses for health care than men;
and
(4)
Requiring insurance coverage for prescription drugs and devices for
contraception is in the public interest in improving the health of mothers,
children, and families and in providing for health insurance coverage which is
fairer and more equitable.
(b)
As used in this Code section, the term:
(1)
'Health benefit policy' means any individual or group plan, policy, or contract
for health care services issued, delivered, issued for delivery, or renewed in
this state, including those contracts executed by the State of Georgia on behalf
of state employees under Article 1 of Chapter 18 of Title 45, by a health care
corporation, health maintenance organization, preferred provider organization,
accident and sickness insurer, fraternal benefit society, hospital service
corporation, medical service corporation, provider sponsored health care
corporation, or other insurer or similar entity.
(2)
'Insurer' means an accident and sickness insurer, fraternal benefit society,
hospital service corporation, medical service corporation, health care
corporation, health maintenance organization, or any similar entity authorized
to issue contracts under this title.
(3)
'Religious employer' means an entity that:
(A)
Is organized and operated for religious purposes and has received a 501(c)(3)
designation from the Internal Revenue Service;
(B)
Has as one of its primary purposes the inculcation of religious values;
and
(C)
Employs primarily persons who share its religious tenets.
(c)
Every health benefit policy that is delivered, issued, executed, or renewed in
this state or approved for issuance or renewal in this state by the Commissioner
on or after July 1, 1999, which provides coverage for prescription drugs on an
outpatient basis shall provide coverage for any prescribed drug or device
approved by the United States Food and Drug Administration for use as a
contraceptive. This Code section shall not apply to limited benefit policies
described in paragraph (4) of subsection (e) of Code Section 33-30-12. Likewise,
nothing contained in this Code section shall be construed to require any
insurance company to provide coverage for abortion.
(d)
No insurer shall impose upon any person receiving prescription contraceptive
benefits pursuant to this Code section any:
(1)
Copayment, coinsurance payment, or fee that is not equally imposed upon all
individuals in the same benefit category, class, coinsurance level or copayment
level, receiving benefits for prescription drugs; or
(2)
Reduction in allowable reimbursement for prescription drug
benefits.
(e)
This Code section shall not be construed to:
(1)
Require coverage for prescription coverage benefits in any contract, policy, or
plan that does not otherwise provide coverage for prescription drugs;
or
(2)
Preclude the use of closed formularies; provided, however, that such formularies
shall include oral, implant, and injectable contraceptive drugs, intrauterine
devices, and prescription barrier
methods.;
or
(3)
Require any religious employer to comply with this Code
section."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.
