As Reported by the Senate Judiciary Committee 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-JERS- 14
PADGETT-MASON-WINKLER-WILSON-THOMPSON-DAMSCHRODER- 15
SENATORS BLESSING-CUPP-HOWARD-LATTA 16
18
A B I L L
To enact section 124.85 of the Revised Code to 20
prohibit the use of state funds to provide 22
healthcare insurance benefits for nontherapeutic 23
abortions received by officers and employees of 24
the state. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That section 124.85 of the Revised Code be 30
enacted to read as follows:
Sec. 124.85. (A) AS USED IN THIS SECTION: 32
(1) "NONTHERAPEUTIC ABORTION" MEANS AN ABORTION THAT IS 34
PERFORMED OR INDUCED WHEN THE LIFE OF THE MOTHER WOULD NOT BE 35
ENDANGERED IF THE FETUS WERE CARRIED TO TERM OR WHEN THE 36
PREGNANCY OF THE MOTHER WAS NOT THE RESULT OF RAPE OR INCEST 37
REPORTED TO A LAW ENFORCEMENT AGENCY.
(2) "POLICY, CONTRACT, OR PLAN" MEANS A POLICY, CONTRACT, 39
OR PLAN OF ONE OR MORE INSURANCE COMPANIES, MEDICAL CARE 40
CORPORATIONS, HEALTH CARE CORPORATIONS, HEALTH MAINTENANCE 41
ORGANIZATIONS, PREFERRED PROVIDER ORGANIZATIONS, OR OTHER 42
2
ENTITIES THAT PROVIDES HEALTH, MEDICAL, HOSPITAL, OR SURGICAL 43
COVERAGE, BENEFITS, OR SERVICES TO ELECTED OR APPOINTED OFFICERS 44
OR EMPLOYEES OF THE STATE, INCLUDING A PLAN THAT IS ASSOCIATED 46
WITH A SELF-INSURANCE PROGRAM AND A POLICY, CONTRACT, OR PLAN 47
THAT IMPLEMENTS A COLLECTIVE BARGAINING AGREEMENT. 48
(3) "STATE" HAS THE SAME MEANING AS IN SECTION 2744.01 OF 51
THE REVISED CODE.
(B) SUBJECT TO DIVISION (C) OF THIS SECTION, BUT 53
NOTWITHSTANDING OTHER PROVISIONS OF THE REVISED CODE THAT 55
CONFLICT WITH THE PROHIBITION SPECIFIED IN THIS DIVISION, FUNDS 56
OF THE STATE SHALL NOT BE EXPENDED DIRECTLY OR INDIRECTLY TO PAY 58
THE COSTS, PREMIUMS, OR CHARGES ASSOCIATED WITH A POLICY, 59
CONTRACT, OR PLAN IF THE POLICY, CONTRACT, OR PLAN PROVIDES 60
COVERAGE, BENEFITS, OR SERVICES RELATED TO A NONTHERAPEUTIC 61
ABORTION.
(C) DIVISION (B) OF THIS SECTION DOES NOT PRECLUDE THE 65
STATE FROM EXPENDING FUNDS TO PAY THE COSTS, PREMIUMS, OR CHARGES 67
ASSOCIATED WITH A POLICY, CONTRACT, OR PLAN THAT INCLUDES A RIDER 68
OR OTHER PROVISION OFFERED ON AN INDIVIDUAL BASIS UNDER WHICH AN 69
ELECTED OR APPOINTED OFFICIAL OR EMPLOYEE WHO ACCEPTS THE OFFER
OF THE RIDER OR PROVISION MAY OBTAIN COVERAGE OF A NONTHERAPEUTIC 70
ABORTION THROUGH THE POLICY, CONTRACT, OR PLAN IF THE INDIVIDUAL 71
PAYS FOR ALL OF THE COSTS, PREMIUMS, OR CHARGES ASSOCIATED WITH 72
THE RIDER OR PROVISION, INCLUDING ALL ADMINISTRATIVE EXPENSES 73
RELATED TO THE RIDER OR PROVISION AND ANY CLAIM MADE FOR A 74
NONTHERAPEUTIC ABORTION.
(D) IN ADDITION TO THE LAWS SPECIFIED IN DIVISION (A) OF 78
SECTION 4117.10 OF THE REVISED CODE THAT PREVAIL OVER CONFLICTING 81
PROVISIONS OF AGREEMENTS BETWEEN EMPLOYEE ORGANIZATIONS AND 82
PUBLIC EMPLOYERS, DIVISIONS (B) AND (C) OF THIS SECTION SHALL 84
PREVAIL OVER CONFLICTING PROVISIONS OF THAT NATURE. 85
Section 2. Section 124.85 of the Revised Code applies to 87
policies, contracts, and plans that are issued, established, 88
renewed, modified, or subject to a period of open enrollment on 89
3
or after the effective date of that section. 90