[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3723 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3723

To prohibit taxpayer funding of insurance plans or health care programs 
                          that cover abortion.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 2010

   Mr. Coburn (for himself, Mr. Hatch, Mr. Vitter, Mr. Bennett, Mr. 
Inhofe, Mr. Crapo, Mr. Bond, Mr. Grassley, Mr. Graham, Mr. Cornyn, Mr. 
   McCain, Mrs. Hutchison, Mr. Risch, Mr. Brownback, Mr. Wicker, Mr. 
 Roberts, Mr. Chambliss, Mr. Voinovich, Mr. Johanns, Mr. Isakson, Mr. 
Enzi, Ms. Murkowski, Mr. Thune, Mr. Barrasso, Mr. Burr, and Mr. Ensign) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To prohibit taxpayer funding of insurance plans or health care programs 
                          that cover abortion.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Excluding Abortion Coverage from 
Health Reform Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings.
            (1) On September 9, 2009, in a speech to a joint session of 
        Congress, the President pledged that under health reform ``no 
        Federal dollars will be used to fund abortions''.
            (2) It has been longstanding Federal policy that no Federal 
        funds are used to pay for elective abortions.
            (3) Legislative language prohibiting any taxpayer-funding 
        of abortion was included in the House-passed health reform bill 
        (H.R. 3962; 111th Congress) which passed as an amendment by a 
        vote of 240 to 194, but did not become law.
            (4) Public Laws 111-148 and 111-152 (the health care reform 
        bills passed into law without bipartisan support) do not 
        prohibit taxpayer dollars from funding elective abortions or 
        subsidizing coverage for such abortions.
            (5) Presidential Executive Order 13535 regarding abortion 
        funding restates accounting loopholes in Public Law 111-148. 
        Current law fails to restrict abortion coverage in the newly 
        created health insurance exchanges, and lacks other necessary 
        protections against Federal subsidies for abortion.
            (6) Presidential Executive Order 13535 regarding abortion 
        funding does not contain a prohibition on abortion coverage in 
        the federally funded Pre-Existing Condition Insurance Plan 
        program.
            (7) In July 2010, independent, nonpartisan groups revealed 
        that several States had plans in place that would have resulted 
        in Federal funding for elective abortions.
            (8) The Department of Health and Human Services issued 
        regulations to prevent taxpayer-funded abortion coverage in the 
        pre-existing conditions insurance plan program, but the 
        Administration indicated that this action ``is not a precedent 
        for other programs or policies given the unique, temporary 
        nature of the program and the population it serves''.
            (9) Numerous recent polls have found a majority of 
        Americans oppose requiring people to pay for abortion coverage 
        through their taxes.
            (10) Taxpayers cannot be confident that funding provided 
        under Public Law 111-148 will not be used to subsidize abortion 
        and insurance coverage that includes abortion in the many 
        programs created in that Act.
            (11) Therefore, legislation preventing Federal funds from 
        being used to pay for elective abortions is necessary to 
        continue longstanding Federal policy against the use of Federal 
        funds for elective abortions and to respond to the high demand 
        from constituents that prohibitions be put in place.

SEC. 3. EXCLUDING ABORTION COVERAGE FROM THE PATIENT PROTECTION AND 
              AFFORDABLE CARE ACT.

    (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.''.
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