As Reported by the House State Government Committee 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