HB3020 H B&I AM 2-16
The Committee on Banking and Insurance moves to amend the bill on page 1, after the enacting clause, after line 21, by striking the remainder of the bill and inserting in lieu thereof the following:
“That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §33-49-1, to read as follows:
ARTICLE 49. HEALTH PLAN COVERAGE FOR ELECTIVE ABORTIONS.
§33-49-1. Preventing taxpayer subsidization of health plans covering elective abortions; abortion coverage only to be offered through supplemental policies.
(a) For purposes of this section:
(1) “Abortion” has the same meaning as the term “abortion” as defined in subdivision (a), section 1, article 2I, chapter 16 of this code;
(2) "Elective abortion" means an abortion for any reason other than any of the following:
(A) an abortion to prevent the death of the mother: Provided, That an abortion may not be deemed one to prevent the death of the mother upon whom the abortion is performed based on a claim or diagnosis that she will engage in conduct which will result in her death; or
(B) an abortion when the pregnancy is the result of criminal sexual assault prohibited in article 8B, chapter 61 of this code, or incest prohibited in section 12, article 8, chapter 61 of this code.
(b) Pursuant to the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, all qualified health plans offered through an exchange established in the state are prohibited from including elective abortion coverage. Nothing in this section prevents a person from purchasing optional supplemental coverage for elective abortions for which there is paid a separate premium in accordance with subsection (d) of this section in the health insurance market outside of the exchange.
(c) No health plan, including health insurance contracts, plans or policies, offered outside an Exchange but within the state, may provide coverage for elective abortions except by optional separate supplemental coverage for abortion for which there is paid a separate premium in accordance with subsection (4) of this section.
(d) The issuer of any health plan providing elective abortion coverage:
(1) Shall calculate the premium for coverage so that it fully covers the estimated cost of covering elective abortions, per enrollee, determined on an average actuarial basis, and the issuer of the plan may not take into account any cost reduction in a health plan covering an enrollee estimated to result from the provision of abortion coverage, including prenatal care, delivery, or postnatal care;
(2) If the enrollee is enrolling in a health plan providing other coverage at the same time as the enrollee is enrolling in a plan providing elective abortion coverage, shall require a separate signature, distinct from that to enroll in the health plan providing other coverage, in order to enroll in the separate supplemental plan providing elective abortion coverage; and
(3) Shall provide a notice to enrollees, at the time of enrollment, that:
(A) Specifically states the cost of the separate premium for coverage of elective abortions, distinct and apart from the cost of the premium for a health plan providing other coverage and this cost shall be agreed with a separate signature;
(B) States that enrollment in elective abortion coverage is optional; and
(C) If the enrollee is enrolling in a health plan providing other coverage at the same time the enrollee is enrolling in a plan providing elective abortion coverage, states that the enrollee may choose to enroll in the plan providing other coverage without enrolling in the plan providing elective abortion coverage.
(e) The issuer of a health plan providing coverage other than elective abortion shall not discount or reduce the premium for such coverage on the basis that an enrollee has elective abortion coverage.
(f) Any employer who offers employees a health plan providing elective abortion coverage shall, at the time of beginning employment and at least once in each calendar year thereafter, provide each employee the option to choose or reject the separate supplemental elective abortion coverage, verified yearly with a separate signature.
(g) Any entity offering a group health plan providing separate supplemental elective abortion coverage, other than employers offering such a plan to their employees, shall, at the time each group member begins coverage and at least once in each calendar year thereafter, provide each group member the option to choose or reject the separate supplemental elective abortion coverage.
(h) Nothing in this section applies in circumstances in which federal law preempts state health insurance regulation.
(i) No funds from the Medicaid program account may be expended for an abortion or for any related expenses except to the extent required by federal law or necessary for continued participation in a federal program.
(j) The provisions of this section may not be construed to require any health plan to provide elective abortion coverage.
(k) The provisions of this section are applicable notwithstanding any other provisions in this code to the contrary.
(l) Severability. If any one or more provision, section, subsection, sentence, clause, phrase or word of this section or the application thereof to any person or circumstance is found to be in violation of the Constitution of the United States or the Constitution of West Virginia, the same is hereby declared to be severable and the balance of this section remains effective notwithstanding such unconstitutionality. The Legislature hereby declares that it would have passed this section, and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared unconstitutional.”