Bill Text: TX HB816 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to coverage provided by certain qualified health plans for abortions.
Sponsorship: Partisan Bill (Republican 48)
Status: (Introduced - Dead) 2011-05-03 - Considered in Calendars [HB816 Detail]
Download: Texas-2011-HB816-Comm_Sub.html
| 82R8237 TRH-F | |||
| By: Hunter, Callegari, Hughes, Button, | H.B. No. 816 | ||
| Phillips, et al. | |||
| Substitute the following for H.B. No. 816: | |||
| By: Huberty | C.S.H.B. No. 816 | ||
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| relating to coverage provided by certain qualified health plans for | ||
| abortions. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 8, Insurance Code, is amended by adding | ||
| Subtitle K to read as follows: | ||
| SUBTITLE K. FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT | ||
| CHAPTER 1671. COVERAGE FOR ABORTION; PROHIBITIONS AND REQUIREMENTS | ||
| Sec. 1671.001. DEFINITIONS. In this chapter: | ||
| (1) "Abortion" has the meaning assigned by Section | ||
| 171.002, Health and Safety Code. | ||
| (2) "Health benefit exchange" means an American Health | ||
| Benefit Exchange administered by the federal government or created | ||
| pursuant to Section 1311(b) of the Patient Protection and | ||
| Affordable Care Act (Pub. L. No. 111-148). | ||
| (3) "Qualified health plan" has the meaning assigned | ||
| by Section 1301(a) of the Patient Protection and Affordable Care | ||
| Act (Pub. L. No. 111-148). | ||
| Sec. 1671.002. PROHIBITED COVERAGE THROUGH HEALTH BENEFIT | ||
| EXCHANGE. (a) A qualified health plan offered through a health | ||
| benefit exchange may not provide coverage for an abortion other | ||
| than coverage for an abortion performed when a condition exists, | ||
| based on reasonable medical judgment, that complicates the medical | ||
| condition of the pregnant woman or pregnant minor to an extent that: | ||
| (1) the immediate abortion of her pregnancy is | ||
| necessary to avert her death; or | ||
| (2) a delay in performing the abortion creates a | ||
| serious risk of substantial and irreversible physical impairment of | ||
| a major bodily function, other than a psychological or emotional | ||
| condition. | ||
| (b) Subsections (a)(1) and (2) do not authorize coverage for | ||
| an abortion based on a potential future medical condition that may | ||
| result from a voluntary act of the woman or minor after the abortion | ||
| is performed. | ||
| (c) This section does not prevent a person from purchasing | ||
| optional or supplemental coverage for abortions under a health | ||
| benefit plan other than a qualified health plan offered through a | ||
| health benefit exchange. | ||
| SECTION 2. This Act applies only to a qualified health plan | ||
| offered through a health benefit exchange that is delivered, issued | ||
| for delivery, or renewed on or after January 1, 2012. A qualified | ||
| health plan offered through a health benefit exchange that is | ||
| delivered, issued for delivery, or renewed before January 1, 2012, | ||
| is governed by the law as it existed immediately before the | ||
| effective date of this Act, and that law is continued in effect for | ||
| that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
