Bill Text: IN SB0241 | 2011 | Regular Session | Introduced
Bill Title: Coverage of elective abortions.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-01-25 - Senator Waterman added as coauthor [SB0241 Detail]
Download: Indiana-2011-SB0241-Introduced.html
Citations Affected: IC 27-8-33; IC 27-13-44.
Synopsis: Coverage of elective abortions. Prohibits a policy of
accident and sickness insurance or an individual or group contract from
providing coverage for an elective abortion. Allows an insurer or health
maintenance organization to offer coverage of an elective abortion only
if the coverage is offered in a separate rider or endorsement. Sets forth
requirements of the rider or endorsement for elective abortions.
Effective: July 1, 2011.
January 6, 2011, read first time and referred to Committee on Health and Provider
Services.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
insurance.
Chapter 33. Coverage of Elective Abortions
Sec. 1. As used in this chapter, "elective abortion" means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus. The term does not include an abortion that is performed by a physician licensed under IC 25-22.5 who has determined that the abortion is necessary to prevent the death of the pregnant woman.
Sec. 2. As used in this chapter, "insured" means an individual who is entitled to coverage under a policy of accident and sickness insurance.
Sec. 3. As used in this chapter, "insurer" refers to an insurer (as defined in IC 27-1-2-3) that issues a policy of accident and sickness insurance.
Sec. 4. As used in this chapter, "policy of accident and sickness
insurance" has the meaning set forth in IC 27-8-5-1.
Sec. 5. A policy of accident and sickness insurance offered in
Indiana may not provide coverage for an elective abortion.
Sec. 6. An insurer may offer coverage for an elective abortion
only in a separate rider or endorsement that is paid with a separate
premium from a policy of accident and sickness insurance.
Sec. 7. (a) An insurer that offers a rider or endorsement for
elective abortions shall meet the following requirements:
(1) Calculate the premium for the rider or endorsement for
elective abortions to cover the estimated cost per insured for
an elective abortion, based on an average actuarial basis, and
not include consideration of any cost reduction in another
policy held by the insured for prenatal care, delivery, or
postnatal care.
(2) Require a signature for the rider or endorsement for
elective abortion that is separate from any signature required
for a policy of accident and sickness insurance.
(3) Provide notice to the insured at the time of purchase of the
rider or endorsement that includes the following:
(A) The specific cost of the rider or endorsement for
elective abortions that is separate from the cost of any
other policy of accident and sickness.
(B) A statement that purchase of the rider or endorsement
is optional.
(C) If the insured is purchasing a policy of accident and
sickness insurance at the same time as the rider or
endorsement for elective abortions, a statement that the
insured may choose to purchase the policy of accident and
sickness insurance without purchasing the rider or
endorsement for elective abortions.
(b) The insurer may not offer an insured a reduction in the
premium for a policy of accident and sickness insurance on the
basis that the insured has purchased a rider or endorsement for
elective abortions.
Sec. 8. (a) An employer that offers an employee a rider or
endorsement for elective abortions coverage shall, at the time of
the employee's employment and at least one (1) time per year
thereafter, offer the employee the option to refuse to purchase the
rider or endorsement for elective abortions coverage.
(b) A person other than an employer under subsection (a) that
offers to an individual the purchase of a rider or endorsement for
elective abortions coverage shall at the time the individual
purchases the coverage, and at least one (1) time per year
thereafter, offer the individual the option of refusing to purchase
the rider or endorsement for elective abortions.
Chapter 44. Coverage of Elective Abortions
Sec. 1. As used in this chapter, "elective abortion" means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus. The term does not include an abortion that is performed by a physician licensed under IC 25-22.5 who has determined that the abortion is necessary to prevent the death of the pregnant woman.
Sec. 2. An individual contract or a group contract may not provide coverage for an elective abortion.
Sec. 3. A health maintenance organization may offer coverage for an elective abortion only in a separate rider or endorsement that is paid with a separate premium from an individual contract or group contract.
Sec. 4. A health maintenance organization that offers a rider or endorsement for elective abortions shall meet the following requirements:
(1) Calculate the premium for the rider or endorsement for elective abortions to cover the estimated cost per enrollee for an elective abortion, based on an average actuarial basis, and not include consideration of any cost reduction in another individual contract or group contract held by the enrollee for prenatal care, delivery, or postnatal care.
(2) Require a signature for the rider or endorsement for elective abortion that is separate from any signature required for an individual contract or group contract.
(3) Provide notice to the enrollee at the time of enrollment in the rider or endorsement that includes the following:
(A) The specific cost of the rider or endorsement for elective abortions that is separate from the cost of any other individual contract or group contract.
(B) A statement that enrollment in the rider or endorsement is optional.
(C) If the enrollee is enrolling in an individual contract or group contract at the same time as the rider or endorsement for elective abortions, a statement that the enrollee may choose to enroll in the individual contract or
group contract without enrolling in the rider or
endorsement for elective abortions.
(b) The health maintenance organization may not offer an
enrollee a reduction in the premium for an individual contract or
group contract on the basis that the enrollee has enrolled in a rider
or endorsement for elective abortions.
Sec. 8. (a) An employer that offers an employee a rider or
endorsement for elective abortions coverage shall, at the time of
the employee's employment and at least one (1) time per year
thereafter, offer the employee the option to refuse to enroll in the
rider or endorsement for elective abortions coverage.
(b) A person other than an employer under subsection (a) that
offers to an individual enrollment in a rider or endorsement for
elective abortions coverage shall at the time the individual enrolls,
and at least one (1) time per year thereafter, offer the individual
the option of refusing to enroll in the rider or endorsement for
elective abortions.
