Bill Text: MI SB0137 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Insurance; health; abortion coverage; require through the purchase of optional rider. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding sec. 3407c.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-05 - Referred To Committee On Insurance [SB0137 Detail]
Download: Michigan-2013-SB0137-Introduced.html
SENATE BILL No. 137
February 5, 2013, Introduced by Senator JANSEN and referred to the Committee on Insurance.
A bill to amend 1956 PA 218, entitled
"The insurance code of 1956,"
(MCL 500.100 to 500.8302) by adding section 3407c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3407c. (1) A qualified health plan offered through an
American health benefit exchange in this state pursuant to the
patient protection and affordable care act, Public Law 111-148, as
amended by the health care and education reconciliation act of
2010, Public Law 111-152, shall not provide coverage for elective
abortion. This subsection does not prohibit an individual,
organization, or employer participating in a qualified health plan
offered through an American health benefit exchange in this state
from purchasing optional supplemental coverage for elective
abortion outside of the exchange as provided in subsection (2).
(2) An expense-incurred hospital, medical, or surgical policy
or certificate delivered, issued for delivery, or renewed in this
state and a health maintenance organization group or individual
contract offered outside of an American health benefit 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 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 may be used by
a covered dependent without notice to the employee.
(4) This section does not require an insurer, health
maintenance organization, 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 policies, certificates, or
contracts delivered, issued for delivery, 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) "Physician" means an individual licensed or otherwise
authorized to engage in the practice of 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.
(c) "Qualified health plan" means that term as defined in
section 1301 of the patient protection and affordable care act,
Public Law 111-148.
