As Introduced 1 122nd General Assembly 4 Regular Session H. B. No. 395 5 1997-1998 6 REPRESENTATIVES HOTTINGER-BATCHELDER-LUEBBERS-WACHTMANN-AMSTUTZ- 8 YOUNG-TIBERI-CAREY-TAYLOR-ROMAN-KASPUTIS-MYERS-CLANCY-BUCHY- 9 HODGES-NETZLEY-SCHULER-JACOBSON-JORDAN-VESPER-CALLENDER- 10 METZGER-HARRIS-HOOD-WISE-HAINES-VAN VYVEN-GRENDELL-STAPLETON- 11 BRADING-LOGAN-CATES-WESTON-FOX-MOTTL-BATEMAN-COUGHLIN- 12 KRUPINSKI-CORE-COLONNA-GARCIA-KREBS-HOUSEHOLDER-WILLIAMS- 13 SCHURING-SCHUCK-VERICH-SULZER-O'BRIEN-GARDNER-JOHNSON- 14 JERSE-PADGETT-MASON-WINKLER-WILSON-THOMPSON 15 17 A B I L L To enact section 124.85 of the Revised Code to 19 prohibit the use of state funds to provide 21 healthcare insurance benefits for nontherapeutic 22 abortions received by officers and employees of 23 the state. 24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26 Section 1. That section 124.85 of the Revised Code be 29 enacted to read as follows: Sec. 124.85. (A) AS USED IN THIS SECTION: 31 (1) "NONTHERAPEUTIC ABORTION" MEANS AN ABORTION THAT IS 33 PERFORMED OR INDUCED WHEN THE LIFE OF THE MOTHER WOULD NOT BE 34 ENDANGERED IF THE FETUS WERE CARRIED TO TERM. 35 (2) "POLICY, CONTRACT, OR PLAN" MEANS A POLICY, CONTRACT, 37 OR PLAN OF ONE OR MORE INSURANCE COMPANIES, MEDICAL CARE 38 CORPORATIONS, HEALTH CARE CORPORATIONS, HEALTH MAINTENANCE 39 ORGANIZATIONS, PREFERRED PROVIDER ORGANIZATIONS, OR OTHER 40 ENTITIES THAT PROVIDES HEALTH, MEDICAL, HOSPITAL, OR SURGICAL 41 COVERAGE, BENEFITS, OR SERVICES TO ELECTED OR APPOINTED OFFICERS 42 OR EMPLOYEES OF THE STATE, INCLUDING A PLAN THAT IS ASSOCIATED 44 2 WITH A SELF-INSURANCE PROGRAM AND A POLICY, CONTRACT, OR PLAN 45 THAT IMPLEMENTS A COLLECTIVE BARGAINING AGREEMENT. 46 (3) "STATE" HAS THE SAME MEANING AS IN SECTION 2744.01 OF 49 THE REVISED CODE. (B) SUBJECT TO DIVISION (C) OF THIS SECTION, BUT 51 NOTWITHSTANDING OTHER PROVISIONS OF THE REVISED CODE THAT 53 CONFLICT WITH THE PROHIBITION SPECIFIED IN THIS DIVISION, FUNDS 54 OF THE STATE SHALL NOT BE EXPENDED DIRECTLY OR INDIRECTLY TO PAY 56 THE COSTS, PREMIUMS, OR CHARGES ASSOCIATED WITH A POLICY, 57 CONTRACT, OR PLAN IF THE POLICY, CONTRACT, OR PLAN PROVIDES 58 COVERAGE, BENEFITS, OR SERVICES RELATED TO A NONTHERAPEUTIC 59 ABORTION. (C) DIVISION (B) OF THIS SECTION DOES NOT PRECLUDE THE 63 STATE FROM EXPENDING FUNDS TO PAY THE COSTS, PREMIUMS, OR CHARGES 65 ASSOCIATED WITH A POLICY, CONTRACT, OR PLAN THAT INCLUDES A RIDER 66 OR OTHER PROVISION OFFERED ON AN INDIVIDUAL BASIS UNDER WHICH AN 67 ELECTED OR APPOINTED OFFICIAL OR EMPLOYEE WHO ACCEPTS THE OFFER OF THE RIDER OR PROVISION MAY OBTAIN COVERAGE OF A NONTHERAPEUTIC 68 ABORTION THROUGH THE POLICY, CONTRACT, OR PLAN IF THE INDIVIDUAL 69 PAYS FOR ALL OF THE COSTS, PREMIUMS, OR CHARGES ASSOCIATED WITH 70 THE RIDER OR PROVISION, INCLUDING ALL ADMINISTRATIVE EXPENSES 71 RELATED TO THE RIDER OR PROVISION AND ANY CLAIM MADE FOR A 72 NONTHERAPEUTIC ABORTION. (D) IN ADDITION TO THE LAWS SPECIFIED IN DIVISION (A) OF 76 SECTION 4117.10 OF THE REVISED CODE THAT PREVAIL OVER CONFLICTING 79 PROVISIONS OF AGREEMENTS BETWEEN EMPLOYEE ORGANIZATIONS AND 80 PUBLIC EMPLOYERS, DIVISIONS (B) AND (C) OF THIS SECTION SHALL 82 PREVAIL OVER CONFLICTING PROVISIONS OF THAT NATURE. 83 Section 2. Section 124.85 of the Revised Code applies to 85 policies, contracts, and plans that are issued, established, 86 renewed, modified, or subject to a period of open enrollment on 87 or after the effective date of that section. 88