As Passed by the Senate 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-CARNES- 16
SCHAFRATH-GAETH 17
19
A B I L L
To enact section 124.85 of the Revised Code to 21
prohibit the use of state funds to provide 23
healthcare insurance benefits for nontherapeutic 24
abortions received by officers and employees of 25
the state. 26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That section 124.85 of the Revised Code be 31
enacted to read as follows:
Sec. 124.85. (A) AS USED IN THIS SECTION: 33
(1) "NONTHERAPEUTIC ABORTION" MEANS AN ABORTION THAT IS 35
PERFORMED OR INDUCED WHEN THE LIFE OF THE MOTHER WOULD NOT BE 36
ENDANGERED IF THE FETUS WERE CARRIED TO TERM OR WHEN THE 37
PREGNANCY OF THE MOTHER WAS NOT THE RESULT OF RAPE OR INCEST 38
REPORTED TO A LAW ENFORCEMENT AGENCY.
(2) "POLICY, CONTRACT, OR PLAN" MEANS A POLICY, CONTRACT, 40
OR PLAN OF ONE OR MORE INSURANCE COMPANIES, MEDICAL CARE 41
CORPORATIONS, HEALTH CARE CORPORATIONS, HEALTH MAINTENANCE 42
2
ORGANIZATIONS, PREFERRED PROVIDER ORGANIZATIONS, OR OTHER 43
ENTITIES THAT PROVIDES HEALTH, MEDICAL, HOSPITAL, OR SURGICAL 44
COVERAGE, BENEFITS, OR SERVICES TO ELECTED OR APPOINTED OFFICERS 45
OR EMPLOYEES OF THE STATE, INCLUDING A PLAN THAT IS ASSOCIATED 47
WITH A SELF-INSURANCE PROGRAM AND A POLICY, CONTRACT, OR PLAN 48
THAT IMPLEMENTS A COLLECTIVE BARGAINING AGREEMENT. 49
(3) "STATE" HAS THE SAME MEANING AS IN SECTION 2744.01 OF 52
THE REVISED CODE.
(B) SUBJECT TO DIVISION (C) OF THIS SECTION, BUT 54
NOTWITHSTANDING OTHER PROVISIONS OF THE REVISED CODE THAT 56
CONFLICT WITH THE PROHIBITION SPECIFIED IN THIS DIVISION, FUNDS 57
OF THE STATE SHALL NOT BE EXPENDED DIRECTLY OR INDIRECTLY TO PAY 59
THE COSTS, PREMIUMS, OR CHARGES ASSOCIATED WITH A POLICY, 60
CONTRACT, OR PLAN IF THE POLICY, CONTRACT, OR PLAN PROVIDES 61
COVERAGE, BENEFITS, OR SERVICES RELATED TO A NONTHERAPEUTIC 62
ABORTION.
(C) DIVISION (B) OF THIS SECTION DOES NOT PRECLUDE THE 66
STATE FROM EXPENDING FUNDS TO PAY THE COSTS, PREMIUMS, OR CHARGES 68
ASSOCIATED WITH A POLICY, CONTRACT, OR PLAN THAT INCLUDES A RIDER 69
OR OTHER PROVISION OFFERED ON AN INDIVIDUAL BASIS UNDER WHICH AN 70
ELECTED OR APPOINTED OFFICIAL OR EMPLOYEE WHO ACCEPTS THE OFFER
OF THE RIDER OR PROVISION MAY OBTAIN COVERAGE OF A NONTHERAPEUTIC 71
ABORTION THROUGH THE POLICY, CONTRACT, OR PLAN IF THE INDIVIDUAL 72
PAYS FOR ALL OF THE COSTS, PREMIUMS, OR CHARGES ASSOCIATED WITH 73
THE RIDER OR PROVISION, INCLUDING ALL ADMINISTRATIVE EXPENSES 74
RELATED TO THE RIDER OR PROVISION AND ANY CLAIM MADE FOR A 75
NONTHERAPEUTIC ABORTION.
(D) IN ADDITION TO THE LAWS SPECIFIED IN DIVISION (A) OF 79
SECTION 4117.10 OF THE REVISED CODE THAT PREVAIL OVER CONFLICTING 82
PROVISIONS OF AGREEMENTS BETWEEN EMPLOYEE ORGANIZATIONS AND 83
PUBLIC EMPLOYERS, DIVISIONS (B) AND (C) OF THIS SECTION SHALL 85
PREVAIL OVER CONFLICTING PROVISIONS OF THAT NATURE. 86
Section 2. Section 124.85 of the Revised Code applies to 88
policies, contracts, and plans that are issued, established, 89
3
renewed, modified, or subject to a period of open enrollment on 90
or after the effective date of that section. 91