Amends the Patient Protection and Affordable Care Act to prohibit federal funds from being to used to cover any part of the costs of any health plan that includes coverage of abortion services. (Currently, federal funds cannot be used for abortion services and plans receiving federal funds must keep federal funds segregated from any funds for abortion services.)
Requires any qualified health benefit plan offered through an Exchange that includes coverage for abortions to also offer a qualified health benefit plan through the Exchange that is identical in every respect except that it does not cover abortions.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5111 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5111
To amend the Patient Protection and Affordable Care Act to modify
special rules relating to coverage of abortion services under such Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 22, 2010
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 Commerce
_______________________________________________________________________
A BILL
To amend the Patient Protection and Affordable Care Act to modify
special rules relating to coverage of abortion services under such Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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--
(1) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively;
(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;
(3) by amending subsection (b) to read as follows:
``(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.'';
(4) by inserting after subsection (b) the following new
subsection:
``(c) Limitation on Abortion Funding.--
``(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.
``(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--
``(A) such coverage or plan is paid for entirely
using only funds not authorized or appropriated by this
Act; and
``(B) such coverage or plan is not purchased
using--
``(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; or
``(ii) other non-Federal funds required to
receive a Federal payment, including a State's
or locality's contribution of Medicaid matching
funds.
``(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--
``(A) premiums for such separate coverage or plan
are paid for entirely with funds not authorized or
appropriated by this Act;
``(B) administrative costs and all services offered
through such coverage or plan are paid for using only
premiums collected for such coverage or plan; and
``(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.'';
(5) in subsection (e), as redesignated by paragraph (1)--
(A) in the heading, strike ``Regarding Abortion'';
(B) in the heading of each of paragraphs (1) and
(2), strike each place it appears ``regarding
abortion''; and
(C) in paragraph (1), insert ``conscience
protection, abortion, or'' after ``State laws
regarding'';
(6) in subsection (f), as redesignated by paragraph (1), by
striking ``Nothing'' and inserting ``Subject to subsection (g),
nothing''; and
(7) by adding at the end the following new subsection:
``(g) Nondiscrimination on Abortion.--
``(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--
``(A) subject any individual or institutional
health care entity to discrimination; or
``(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,
on the basis that the health care entity does not provide, pay
for, provide coverage of, or refer for abortions.
``(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.
``(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.''.
(b) Conforming Amendment.--Section 1334(a)(6) of such Act is
amended to read as follows:
``(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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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