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H. B. No. 351 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Hood, Adams, J., Young, Buchy
A BILL
To amend sections 9.04, 1739.05, and 5101.56 and to
enact sections 1751.68 and 3923.591 of the Revised
Code to prohibit insurers from offering coverage
for abortion services.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.04, 1739.05, and 5101.56 be
amended and sections 1751.68 and 3923.591 be enacted to read as
follows:
Sec. 9.04. (A) As used in this section:
(1) "Nontherapeutic abortion" means an abortion that is
performed or induced when the life of the mother would not be
endangered if the fetus were carried to term or when the pregnancy
of the mother was not the result of rape or incest reported to a
law enforcement agency patient has not been diagnosed with an
ectopic pregnancy.
(2) "Policy, contract, or plan" means a policy, contract, or
plan of one or more insurance companies, medical care
corporations, health care corporations, health maintenance
organizations, preferred provider organizations, or other entities
that provides health, medical, hospital, or surgical coverage,
benefits, or services to elected or appointed officers or
employees of the state or any political subdivision thereof.
"Policy, contract, or plan" includes a plan that is associated
with a self-insurance program and a policy, contract, or plan that
implements a collective bargaining agreement.
(3) "Political subdivision" means any body corporate and
politic that is responsible for governmental activities in a
geographic area smaller than the state, except that "political
subdivision" does not include either of the following:
(a) A municipal corporation;
(b) A county that has adopted a charter under Section 3 of
Article X, Ohio Constitution, to the extent that it is exercising
the powers of local self-government as provided in that charter
and is subject to Section 3 of Article XVIII, Ohio Constitution.
(4) "State" means the state of Ohio, including the general
assembly, the supreme court, the offices of all elected state
officers, and all departments, boards, offices, commissions,
agencies, colleges and universities, institutions, and other
instrumentalities of the state of Ohio. "State" does not include
political subdivisions.
(B) Subject to division (C) of this section, but
notwithstanding other provisions of the Revised Code that conflict
with the prohibition specified in this division, funds of the
state or any political subdivision thereof shall not be expended
directly or indirectly to pay the costs, premiums, or charges
associated with a policy, contract, or plan if the policy,
contract, or plan provides coverage, benefits, or services related
to a nontherapeutic abortion.
(C) Division (B) of this section does not preclude the state
or any political subdivision thereof from expending funds to pay
the costs, premiums, or charges associated with a policy,
contract, or plan that includes a rider or other provision offered
on an individual basis under which an elected or appointed
official or employee who accepts the offer of the rider or
provision may obtain coverage of a nontherapeutic abortion through
the policy, contract, or plan if the individual pays for all of
the costs, premiums, or charges associated with the rider or
provision, including all administrative expenses related to the
rider or provision and any claim made for a nontherapeutic
abortion.
(D) In addition to the laws specified in division (A) of
section 4117.10 of the Revised Code that prevail over conflicting
provisions of agreements between employee organizations and public
employers, divisions division (B) and (C) of this section shall
prevail over conflicting provisions of that nature.
Sec. 1739.05. (A) A multiple employer welfare arrangement
that is created pursuant to sections 1739.01 to 1739.22 of the
Revised Code and that operates a group self-insurance program may
be established only if any of the following applies:
(1) The arrangement has and maintains a minimum enrollment of
three hundred employees of two or more employers.
(2) The arrangement has and maintains a minimum enrollment of
three hundred self-employed individuals.
(3) The arrangement has and maintains a minimum enrollment of
three hundred employees or self-employed individuals in any
combination of divisions (A)(1) and (2) of this section.
(B) A multiple employer welfare arrangement that is created
pursuant to sections 1739.01 to 1739.22 of the Revised Code and
that operates a group self-insurance program shall comply with all
laws applicable to self-funded programs in this state, including
sections 3901.04, 3901.041, 3901.19 to 3901.26, 3901.38, 3901.381
to 3901.3814, 3901.40, 3901.45, 3901.46, 3902.01 to 3902.14,
3923.24, 3923.282, 3923.30, 3923.301, 3923.38, 3923.581, 3923.591,
3923.63, 3923.80, 3924.031, 3924.032, and 3924.27 of the Revised
Code.
(C) A multiple employer welfare arrangement created pursuant
to sections 1739.01 to 1739.22 of the Revised Code shall solicit
enrollments only through agents or solicitors licensed pursuant to
Chapter 3905. of the Revised Code to sell or solicit sickness and
accident insurance.
(D) A multiple employer welfare arrangement created pursuant
to sections 1739.01 to 1739.22 of the Revised Code shall provide
benefits only to individuals who are members, employees of
members, or the dependents of members or employees, or are
eligible for continuation of coverage under section 1751.53 or
3923.38 of the Revised Code or under Title X of the "Consolidated
Omnibus Budget Reconciliation Act of 1985," 100 Stat. 227, 29
U.S.C.A. 1161, as amended.
Sec. 1751.68. (A) A health insuring corporation shall not
provide coverage for abortion services under any policy, contract,
or agreement that is issued, delivered, or renewed in this state.
(B) Nothing in this section shall be interpreted as
prohibiting coverage, or enabling an insurer to deny coverage, for
the treatment of any post-abortion complication.
(C) As used in this section, "abortion services" includes
drugs or devices used to prevent the implantation of a fertilized
ovum. "Abortion services" does not include treatment or services
related to an ectopic pregnancy, commonly referred to as a "tubal
pregnancy."
Sec. 3923.591. (A) A sickness and accident insurer and a
public employee benefit plan shall not provide coverage for
abortion services under any policy of individual or group sickness
and accident insurance or under any public employee benefit plan.
(B) Nothing in this section shall be interpreted as
prohibiting coverage, or enabling an insurer to deny coverage, for
the treatment of any post-abortion complication.
(C) As used in this section, "abortion services" includes
drugs or devices used to prevent the implantation of a fertilized
ovum. "Abortion services" does not include treatment or services
related to an ectopic pregnancy, commonly referred to as a "tubal
pregnancy."
Sec. 5101.56. (A) As used in this section, "physician" means
a person who holds a valid certificate to practice medicine and
surgery or osteopathic medicine and surgery issued under Chapter
4731. of the Revised Code.
(B) Unless required by the United States Constitution or by
federal statute, regulation, or decisions of federal courts, state
or local funds may not be used for payment or reimbursement for
abortion services unless the certification required by division
(C) of this section is made and one of the following circumstances
exists:
(1) The the woman suffers from a physical disorder, physical
injury, or physical illness, including a life-endangering physical
condition caused by or arising from the pregnancy, that would, as
certified by a physician, place the woman in danger of death
unless an abortion is performed.
(2) The pregnancy was the result of an act of rape and the
patient, the patient's legal guardian, or the person who made the
report to the law enforcement agency, certifies in writing that
prior to the performance of the abortion a report was filed with a
law enforcement agency having the requisite jurisdiction, unless
the patient was physically unable to comply with the reporting
requirement and that fact is certified by the physician performing
the abortion.
(3) The pregnancy was the result of an act of incest and the
patient, the patient's legal guardian, or the person who made the
report certifies in writing that prior to the performance of the
abortion a report was filed with either a law enforcement agency
having the requisite jurisdiction, or, in the case of a minor,
with a county children services agency established under Chapter
5153. of the Revised Code, unless the patient was physically
unable to comply with the reporting requirement and that fact is
certified by the physician performing the abortion is diagnosed
with an ectopic pregnancy, commonly referred to as a "tubal
pregnancy."
(C)(1) Before payment of or reimbursement for an abortion can
be made with state or local funds, the physician performing the
abortion shall certify that one of the three circumstances in
division (B) of this section has occurred the patient in question
has been diagnosed with an ectopic pregnancy. The certification
shall be made on a form created by the Ohio department of job and
family services known as the "Abortion Certification Form." The
physician's signature shall be in the physician's own handwriting.
The certification shall list the name and address of the patient.
The certification form shall be attached to the billing invoice.
(2) The certification shall be as follows:
I certify that, on the basis of my professional judgment,
this service was necessary because:
(a) The woman suffers from a physical disorder, physical
injury, or physical illness, including a life-endangering physical
condition caused by or arising from the pregnancy itself, that
would place the woman in danger of death unless an abortion was
performed;
(b) The pregnancy was the result of an act of rape and the
patient, the patient's legal guardian, or the person who made the
report to the law enforcement agency certified in writing that
prior to the performance of the abortion a report was filed with a
law enforcement agency having the requisite jurisdiction;
(c) The pregnancy was the result of an act of incest and the
patient, the patient's legal guardian, or the person who made the
report certified in writing that prior to the performance of the
abortion a report was filed with either a law enforcement agency
having the requisite jurisdiction or, in the case of a minor, with
a county children services agency established under Chapter 5153.
of the Revised Code;
(d) The pregnancy was the result of an act of rape and in my
professional opinion the recipient was physically unable to comply
with the reporting requirement; or
(e) The pregnancy was a result of an act of incest and in my
professional opinion the recipient was physically unable to comply
with the reporting requirement the patient in question was
diagnosed with an ectopic pregnancy.
(D) Payment or reimbursement for abortion services shall not
be made with state or local funds for associated services such as
anesthesia, laboratory tests, or hospital services if the abortion
service itself cannot be paid or reimbursed with state or local
funds. All abortion services for which a physician is seeking
reimbursement or payment for the purposes of this division shall
be submitted on a hard-copy billing invoice.
(E) Documentation that supports the certification made by a
physician shall be maintained by the physician in the recipient's
medical record. When the physician certifies that circumstances
described in division (C)(2)(b) or (c) of this section are the
case, a copy of the statement signed by the patient, the patient's
legal guardian, or the person who made the report shall be
maintained in the patient's medical record.
(F) Nothing in this section denies State or local funds shall
not be used for reimbursement for drugs or devices to prevent
implantation of the fertilized ovum, or for medical procedures for
the termination of an ectopic pregnancy..
(G) This section does not apply to treatments for incomplete,
missed, or septic abortions.
(G)(H) If enforcement of this section will adversely affect
eligibility of the state or a political subdivision of the state
for participation in a federal program, this section shall be
enforced to the extent permissible without preventing
participation in that federal program.
Section 2. That existing sections 9.04, 1739.05, and 5101.56
of the Revised Code are hereby repealed.
Section 3. This act applies to policies, contracts,
agreements, and plans that are issued, delivered, modified, or
renewed on or after the effective date of this act.
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