SB-0612, As Passed Senate, December 6, 2012

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 612

 

(As amended December 5, 2012)

 

 

 

 

 

 

 

 

     A bill to amend 1956 PA 218, entitled

 

"The insurance code of 1956,"

 

(MCL 500.100 to 500.8302) by adding section 3407c.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3407c. (1) A qualified health plan offered through <<an

 

American health benefit >> exchange pursuant to the patient protection

and affordable

 

care act, Public Law 111-148, and the health care and education

 

reconciliation act of 2010, Public Law 111-152, shall not provide

 

coverage for elective abortion. Nothing in this section shall be

 

construed to prohibit an individual, organization, or employer

 

participating in a qualified health plan offered through <<AN

American health benefit >>

 

exchange from purchasing optional supplemental coverage for

 

elective abortion outside of the exchange as provided in subsection

 

(2).

 


Senate Bill No. 612 as amended December 5, 2012

 

     (2) An expense-incurred hospital, medical, or surgical policy

 

or certificate delivered, issued for delivery, or renewed in this

 

state and a health maintenance organization group or individual

 

contract offered outside of <<AN AMERICAN HEALTH BENEFIT>> exchange

shall not provide

 

coverage for elective abortions except by an optional rider for

 

which an additional premium has been paid by the purchaser.

 

     (3) An employer may purchase an optional rider to provide

 

coverage for an elective abortion if all of the following are met:

 

     (a) The employer pays the entire premium amount for the rider

 

and the cost of the rider is not factored into any premium amount

 

for which individual employees contribute a portion of the premium

 

paid either directly or through a payroll deduction.

 

     (b) The employer provides notice to each employee that

 

elective abortion will be included as a rider to his or her health

 

coverage and that the coverage can be used by a minor or dependent

 

female without notice to the employee.

 

     (4) This section does not require an insurer, health

 

maintenance organization, or employer to provide or offer to

 

provide an optional rider for elective abortion coverage.

 

     (5) This section does not apply to benefits provided under

 

title XIX of the social security act, 42 USC 1396 to 1396w-5.

 

     (6) This section does not create a right to abortion.

 

     (7) Notwithstanding any other provision of this section, a

 

person shall not perform an abortion that is prohibited by law.

 

     (8) This section applies to policies, certificates, or

 

contracts delivered, issued for delivery, or renewed in this state

 

on and after the effective date of this section.

 


     (9) As used in this section:

 

     (a) "Elective abortion" means the intentional use of an

 

instrument, drug, or other substance or device to terminate a

 

woman's pregnancy for a purpose other than to increase the

 

probability of a live birth, to preserve the life or health of the

 

child after live birth, or to remove a dead fetus. Elective

 

abortion does not include either of the following:

 

     (i) The prescription of or use of a drug or device intended as

 

a contraceptive.

 

     (ii) The intentional use of an instrument, drug, or other

 

substance or device by a physician to terminate a woman's pregnancy

 

if the woman's physical condition, in the physician's reasonable

 

medical judgment, necessitates the termination of the woman's

 

pregnancy to avert her death.

 

     (b) "Qualified health plan" means that term as defined in

 

section 1301 of the patient protection and affordable care act,

 

Public Law 111-148, 42 USC 18021.

 

     (c) "Physician" means an individual licensed to engage in the

 

practice of medicine or the practice of osteopathic medicine and

 

surgery under article 15 of the public health code, 1978 PA 368,

 

MCL 333.16101 to 333.18838.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2014.