II 111th CONGRESS 2d Session S. 3723 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.
1.
Short title
This Act may be cited as the Excluding Abortion Coverage from Health Reform Act.
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.
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. .