HR 5111 IHCommentsClose CommentsPermalink

To amend the Patient Protection and Affordable Care Act to modify special rules relating to coverage of abortion services under such Act.CommentsClose CommentsPermalink

April 22, 2010CommentsClose CommentsPermalink

Mr. PITTS (for himself, Mr. ADERHOLT, Mr. AKIN, Mr. BACHUS, Mr. BARRETT of South Carolina, Mr. BARTLETT, Mr. BILIRAKIS, Mrs. BLACKBURN, Mr. BOEHNER, Mr. BOOZMAN, Mr. BROWN of South Carolina, Mr. CANTOR, Mr. CHAFFETZ, Mr. CONAWAY, Mr. DAVIS of Tennessee, Mr. FLEMING, Mr. FORTENBERRY, Ms. FOXX, Mr. FRANKS of Arizona, Mr. GARRETT of New Jersey, Mr. GINGREY of Georgia, Mr. GOHMERT, Mr. GRIFFITH, Mr. HENSARLING, Mr. HOEKSTRA, Mr. HOLDEN, Mr. INGLIS, Mr. ISSA, Mr. JORDAN of Ohio, Mr. LAMBORN, Mr. LATTA, Mr. LIPINSKI, Mr. MANZULLO, Mr. MARCHANT, Mr. MCHENRY, Mr. MCINTYRE, Mr. NEUGEBAUER, Mr. PENCE, Mr. ROE of Tennessee, Mr. RYAN of Wisconsin, Mr. SMITH of New Jersey, Mr. SCALISE, Mrs. SCHMIDT, Mr. TAYLOR, Mr. TIAHRT, Mr. WILSON of South Carolina, Mr. BRADY of Texas, Mr. DANIEL E. LUNGREN of California, Mr. CHILDERS, Mr. MARSHALL, and Mr. SESSIONS) introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose CommentsPermalink

To amend the Patient Protection and Affordable Care Act to modify special rules relating to coverage of abortion services under such Act.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. MODIFYING SPECIAL RULES RELATING TO COVERAGE OF ABORTION SERVICES UNDER THE PATIENT PROTECTION AND AFFORDABLE CARE ACT TO CONFORM TO LONG-STANDING FEDERAL POLICY.

(a) In General- Section 1303 of the Patient Protection and Affordable Care Act (Public Law 111-148), as amended by section 10104(c) of such Act, is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (c) and (d) as subsections (e) and (f), respectively;CommentsClose CommentsPermalink





(2) by redesignating paragraph (4) of subsection (b) as subsection (d) and transferring such subsection (d) after the subsection (c) inserted by paragraph (4) of this subsection with appropriate indentation;CommentsClose CommentsPermalink





(3) by amending subsection (b) to read as follows:CommentsClose CommentsPermalink





‘(b) Special Rules Relating to Coverage of Abortion Services- Nothing in this Act (or any amendment made by this Act) shall be construed to require any health plan to provide coverage of or access to abortion services or to allow the Secretary or any other Federal or non-Federal person or entity in implementing this Act (or amendment) to require coverage of or access to such services.’;CommentsClose CommentsPermalink





(4) by inserting after subsection (b) the following new subsection:CommentsClose CommentsPermalink





‘(c) Limitation on Abortion Funding-CommentsClose CommentsPermalink





‘(1) IN GENERAL- No funds authorized or appropriated by this Act (or an amendment made by this Act), including credits applied toward qualified health plans under section 36B of the Internal Revenue Code of 1986 or cost-sharing reductions under section 1402 of this Act may be used to pay for any abortion or to cover any part of the costs of any health plan that includes coverage of abortion, except in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself, or unless the pregnancy is the result of an act of rape or incest.CommentsClose CommentsPermalink





‘(2) OPTION TO PURCHASE SEPARATE COVERAGE OR PLAN- Nothing in this subsection shall be construed as prohibiting any non-Federal entity (including an individual or a State or local government) from purchasing separate coverage for abortions for which funding is prohibited under this subsection, or a plan that includes such abortions, so long as--CommentsClose CommentsPermalink





‘(A) such coverage or plan is paid for entirely using only funds not authorized or appropriated by this Act; andCommentsClose CommentsPermalink





‘(B) such coverage or plan is not purchased using--CommentsClose CommentsPermalink





‘(i) individual premium payments required for a qualified health plan offered through an Exchange towards which a credit is applied under section 36B of the Internal Revenue Code of 1986; orCommentsClose CommentsPermalink





‘(ii) other non-Federal funds required to receive a Federal payment, including a State’s or locality’s contribution of Medicaid matching funds.CommentsClose CommentsPermalink





‘(3) OPTION TO OFFER COVERAGE OR PLAN- Nothing in this subsection or section 1311(d)(2)(B)(i) shall restrict any non-Federal health insurance issuer offering a qualified health plan from offering separate coverage for abortions for which funding is prohibited under this subsection, or a plan that includes such abortions, so long as--CommentsClose CommentsPermalink





‘(A) premiums for such separate coverage or plan are paid for entirely with funds not authorized or appropriated by this Act;CommentsClose CommentsPermalink





‘(B) administrative costs and all services offered through such coverage or plan are paid for using only premiums collected for such coverage or plan; andCommentsClose CommentsPermalink





‘(C) any such non-Federal health insurance issuer that offers a qualified health plan through an Exchange that includes coverage for abortions for which funding is prohibited under this subsection also offers a qualified health plan through the Exchange that is identical in every respect except that it does not cover abortions for which funding is prohibited under this subsection.’;CommentsClose CommentsPermalink





(5) in subsection (e), as redesignated by paragraph (1)--CommentsClose CommentsPermalink





(A) in the heading, strike ‘Regarding Abortion’;CommentsClose CommentsPermalink





(B) in the heading of each of paragraphs (1) and (2), strike each place it appears ‘REGARDING ABORTION’; andCommentsClose CommentsPermalink





(C) in paragraph (1), insert ‘conscience protection, abortion, or’ after ‘State laws regarding’;CommentsClose CommentsPermalink





(6) in subsection (f), as redesignated by paragraph (1), by striking ‘Nothing’ and inserting ‘Subject to subsection (g), nothing’; andCommentsClose CommentsPermalink





(7) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(g) Nondiscrimination on Abortion-CommentsClose CommentsPermalink





‘(1) NONDISCRIMINATION- A Federal agency or program, and any State or local government that receives Federal financial assistance under this Act (or an amendment made by this Act), may not--CommentsClose CommentsPermalink





‘(A) subject any individual or institutional health care entity to discrimination; orCommentsClose CommentsPermalink





‘(B) require any health plan created or regulated under this Act (or an amendment made by this Act) to subject any individual or institutional health care entity to discrimination,CommentsClose CommentsPermalink





on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions.CommentsClose CommentsPermalink





‘(2) DEFINITION- In this subsection, the term ‘healthcare entity’ includes an individual physician or other health care professional, a hospital, a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan.CommentsClose CommentsPermalink





‘(3) ADMINISTRATION- The Office for Civil Rights of the Department of Health and Human Services is designated to receive complaints of discrimination based on this subsection, and coordinate the investigation of such complaints.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 1334(a)(6) of such Act is amended to read as follows:CommentsClose CommentsPermalink





‘(6) COVERAGE CONSISTENT WITH FEDERAL POLICY- In entering into contracts under this subsection, the Director shall ensure that no multi-State qualified health plan offered in an Exchange provides coverage for abortions for which funding is prohibited under subsection 1303(c) of this Act.’.CommentsClose CommentsPermalink