SB 92

Under the federal Patient Protection and Affordable Care Act (PPACA), which

was enacted on March 23, 2010, each state must establish an American health

benefit exchange (exchange) to assist individuals and certain businesses in

purchasing health insurance. Health insurance offered through the exchange

(known as a "qualified health plan" in PPACA) must meet certain federal

requirements, including offering the essential health benefits package that is

established by the federal Department of Health and Human Services. PPACA

allows states to prohibit coverage of abortions by qualified health plans offered

through the exchange.

Under current law, funds of the state, a local government, or a long-term care

district and federal funds passing through the state treasury may not be paid to a

physician or surgeon or a hospital, clinic, or other medical facility for the

performance of an abortion. This funding prohibition does not apply in the following

circumstances: 1) the abortion is directly and medically necessary to save the life of

the woman and a physician so certifies; 2) the abortion is performed in the case of

sexual assault or incest, a physician so certifies, and the sexual assault or incest is

reported to law enforcement; and 3) due to a preexisting medical condition, the

abortion is directly and medically necessary to prevent grave, long-lasting physical

health damage to the woman and a physician so certifies.

This bill prohibits a qualified health plan offered through any exchange

operating in this state from covering any abortion the performance of which is

ineligible for funding from the state, a local government, or a long-term care district

or from federal funds passing through the state treasury.