Bill Text: MI HB4147 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Insurance; health care corporations; abortion coverage in qualified health plans offered through the state exchange; prohibit except through the purchase of optional rider. Amends 1980 PA 350 (MCL 550.1101 - 550.1704) by adding sec. 402d.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2011-01-27 - Printed Bill Filed 01/27/2011 [HB4147 Detail]
Download: Michigan-2011-HB4147-Introduced.html
HOUSE BILL No. 4147
January 26, 2011, Introduced by Reps. Gilbert, Johnson, Horn, Tyler, MacGregor and Lund and referred to the Committee on Health Policy.
A bill to amend 1980 PA 350, entitled
"The nonprofit health care corporation reform act,"
(MCL 550.1101 to 550.1704) by adding section 402d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 402d. (1) A qualified health plan offered by a health
care corporation through a state exchange pursuant to the patient
protection and affordable care act, Public Law 111-148, and the
health care and education reconciliation act of 2010, Public Law
111-152, shall not provide coverage for elective abortion. Nothing
in this section shall be construed to prohibit an individual,
organization, or employer participating in a qualified health plan
offered through a state exchange from purchasing optional
supplemental coverage for elective abortion outside of the exchange
as provided in subsection (2).
(2) A health care corporation group or nongroup certificate
offered outside of a state exchange shall not provide coverage for
elective abortions except by an optional rider for which an
additional premium has been paid by the purchaser.
(3) An employer may purchase an optional rider to provide
coverage for an elective abortion if all of the following are met:
(a) The cost of the rider is not factored into any premium
amount for which individual employees contribute a portion of the
premium paid either directly or through a payroll deduction.
(b) The employer provides notice to each employee that
elective abortion will be included as a rider to his or her health
coverage and that the coverage can be used by a minor or dependent
female without notice to the employee.
(4) This section does not require a health care corporation or
employer to provide or offer to provide an optional rider for
elective abortion coverage.
(5) This section does not apply to benefits provided under
title XIX of the social security act, 42 USC 1396 to 1396w-5.
(6) This section does not create a right to abortion.
(7) Notwithstanding any other provision of this section, a
person shall not perform an abortion that is prohibited by law.
(8) This section applies to certificates issued or renewed in
this state on and after the effective date of this section.
(9) As used in this section:
(a) "Elective abortion" means the intentional use of an
instrument, drug, or other substance or device to terminate a
woman's pregnancy for a purpose 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 fetus. Elective
abortion does not include either of the following:
(i) The prescription of or use of a drug or device intended as
a contraceptive.
(ii) The intentional use of an instrument, drug, or other
substance or device by a physician to terminate a woman's pregnancy
if the woman's physical condition, in the physician's reasonable
medical judgment, necessitates the termination of the woman's
pregnancy to avert her death.
(b) "Qualified health plan" means that term as defined in
section 1301 of the patient protection and affordable care act,
Public Law 111-148.
(c) "Physician" means an individual licensed to engage in the
practice of allopathic medicine or the practice of osteopathic
medicine and surgery under article 15 of the public health code,
1978 PA 368, MCL 333.16101 to 333.18838.
