As Passed by the House 1
122nd General Assembly 4
Regular Session Am. 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-BATEMAN-COUGHLIN-KRUPINSKI- 12
CORE-COLONNA-GARCIA-KREBS-HOUSEHOLDER-WILLIAMS-SCHURING- 13
SCHUCK-VERICH-SULZER-O'BRIEN-GARDNER-JOHNSON-JERSE- 14
PADGETT-MASON-WINKLER-WILSON-THOMPSON-DAMSCHRODER 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 OR WHEN THE 35
PREGNANCY OF THE MOTHER WAS NOT THE RESULT OF RAPE OR INCEST 36
REPORTED TO A LAW ENFORCEMENT AGENCY.
(2) "POLICY, CONTRACT, OR PLAN" MEANS A POLICY, CONTRACT, 38
OR PLAN OF ONE OR MORE INSURANCE COMPANIES, MEDICAL CARE 39
CORPORATIONS, HEALTH CARE CORPORATIONS, HEALTH MAINTENANCE 40
ORGANIZATIONS, PREFERRED PROVIDER ORGANIZATIONS, OR OTHER 41
ENTITIES THAT PROVIDES HEALTH, MEDICAL, HOSPITAL, OR SURGICAL 42
2
COVERAGE, BENEFITS, OR SERVICES TO ELECTED OR APPOINTED OFFICERS 43
OR EMPLOYEES OF THE STATE, INCLUDING A PLAN THAT IS ASSOCIATED 45
WITH A SELF-INSURANCE PROGRAM AND A POLICY, CONTRACT, OR PLAN 46
THAT IMPLEMENTS A COLLECTIVE BARGAINING AGREEMENT. 47
(3) "STATE" HAS THE SAME MEANING AS IN SECTION 2744.01 OF 50
THE REVISED CODE.
(B) SUBJECT TO DIVISION (C) OF THIS SECTION, BUT 52
NOTWITHSTANDING OTHER PROVISIONS OF THE REVISED CODE THAT 54
CONFLICT WITH THE PROHIBITION SPECIFIED IN THIS DIVISION, FUNDS 55
OF THE STATE SHALL NOT BE EXPENDED DIRECTLY OR INDIRECTLY TO PAY 57
THE COSTS, PREMIUMS, OR CHARGES ASSOCIATED WITH A POLICY, 58
CONTRACT, OR PLAN IF THE POLICY, CONTRACT, OR PLAN PROVIDES 59
COVERAGE, BENEFITS, OR SERVICES RELATED TO A NONTHERAPEUTIC 60
ABORTION.
(C) DIVISION (B) OF THIS SECTION DOES NOT PRECLUDE THE 64
STATE FROM EXPENDING FUNDS TO PAY THE COSTS, PREMIUMS, OR CHARGES 66
ASSOCIATED WITH A POLICY, CONTRACT, OR PLAN THAT INCLUDES A RIDER 67
OR OTHER PROVISION OFFERED ON AN INDIVIDUAL BASIS UNDER WHICH AN 68
ELECTED OR APPOINTED OFFICIAL OR EMPLOYEE WHO ACCEPTS THE OFFER
OF THE RIDER OR PROVISION MAY OBTAIN COVERAGE OF A NONTHERAPEUTIC 69
ABORTION THROUGH THE POLICY, CONTRACT, OR PLAN IF THE INDIVIDUAL 70
PAYS FOR ALL OF THE COSTS, PREMIUMS, OR CHARGES ASSOCIATED WITH 71
THE RIDER OR PROVISION, INCLUDING ALL ADMINISTRATIVE EXPENSES 72
RELATED TO THE RIDER OR PROVISION AND ANY CLAIM MADE FOR A 73
NONTHERAPEUTIC ABORTION.
(D) IN ADDITION TO THE LAWS SPECIFIED IN DIVISION (A) OF 77
SECTION 4117.10 OF THE REVISED CODE THAT PREVAIL OVER CONFLICTING 80
PROVISIONS OF AGREEMENTS BETWEEN EMPLOYEE ORGANIZATIONS AND 81
PUBLIC EMPLOYERS, DIVISIONS (B) AND (C) OF THIS SECTION SHALL 83
PREVAIL OVER CONFLICTING PROVISIONS OF THAT NATURE. 84
Section 2. Section 124.85 of the Revised Code applies to 86
policies, contracts, and plans that are issued, established, 87
renewed, modified, or subject to a period of open enrollment on 88
or after the effective date of that section. 89