HTML Raw Codes SENATE BILL NO.1115 (2011) - Abortion, insurance contract
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LEGISLATURE OF THE STATE OF IDAHO
Sixty-first Legislature
First Regular Session - 2011
IN THE SENATE
SENATE BILL NO. 1115
BY STATE AFFAIRS COMMITTEE
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AN ACT
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RELATING TO Previous DocumentABORTIONNext Hit AND THE INSURANCE CONTRACT; AMENDING CHAPTER 18, TITLE
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41, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 41-1848, IDAHO CODE,
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TO PROVIDE FOR LEGISLATIVE FINDINGS AND PURPOSE, TO PROHIBIT Previous Hit ABORTIONNext Hit
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COVERAGE BY A QUALIFIED HEALTH PLAN OFFERED THROUGH AN EXCHANGE CREATED
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PURSUANT TO THE PATIENT PROTECTION AND AFFORDABLE CARE ACT WITHIN THE
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STATE OF IDAHO AND TO PROVIDE EXCEPTIONS; AMENDING SECTION 56-209c,
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IDAHO CODE, TO REVISE A REQUIREMENT RELATING TO A DETERMINATION THAT AN
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Previous Hit ABORTIONNext Hit IS NECESSARY IN A CERTAIN CIRCUMSTANCE AND TO PROVIDE A CODE
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REFERENCE; AND PROVIDING SEVERABILITY.
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Be It Enacted by the Legislature of the State of Idaho:
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SECTION 1. That Chapter 18, Title 41, Idaho Code, be, and the same is
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hereby amended by the addition thereto of a NEW SECTION, to be known and des-
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ignated as Section 41-1848, Idaho Code, and to read as follows:
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41-1848. LEGISLATIVE FINDINGS AND PURPOSE -- COVERAGE FOR ABORTIONS
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IN STATE EXCHANGE PROHIBITED. (1) The legislature finds that:
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(a) Pursuant to section 1303 of the patient protection and affordable
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care act, P.L. 111-148, states are explicitly permitted to pass laws
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prohibiting qualified health plans offered through an exchange in their
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state from offering Previous Hit abortionNext Hit coverage;
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(b) It is the longstanding policy of this state to prefer live child-
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birth over Previous Hit abortionNext Hit and to prohibit the use of taxpayer moneys to fund
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abortions unless the mother's life is at risk or the pregnancy is a re-
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sult of rape or incest;
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(c) Idaho law prohibits certain insurance plans, policies and con-
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tracts issued in this state from offering coverage for elective abor-
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tions; and
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(d) It is the purpose of this section to affirmatively prohibit quali-
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fied health plans that cover abortions from participating in exchanges
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within this state.
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(2) Notwithstanding any other provision of law, no Previous Hit abortionNext Hit coverage
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may be provided by a qualified health plan offered through an exchange cre-
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ated pursuant to the patient protection and affordable care act, P.L. 111-
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148, within the state of Idaho.
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(3) The provisions of subsection (2) of this section shall not apply
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to an Previous Hit abortionNext Hit performed if it is the recommendation of one (1) consulting
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physician that an Previous Hit abortionNext Hit is necessary to save the life of the mother, or if
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the pregnancy is a result of rape, as defined in section 18-6101, Idaho Code,
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or incest as determined by the courts.
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SECTION 2. That Section 56-209c, Idaho Code, be, and the same is hereby
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amended to read as follows:
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56-209c. DENIAL OF PAYMENT FOR ABORTIONS UNDER CERTAIN CONDITIONS. No
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funds available to the department of health and welfare, by appropriation
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or otherwise, shall be used to pay for abortions, unless it is the recommen-
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dation of two one (21) consulting physicians that an Previous Hit abortionNext Document is necessary
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to save the life of the mother, or unless the pregnancy is a result of rape,
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as defined in section 18-6101, Idaho Code, or incest as determined by the
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courts.
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SECTION 3. SEVERABILITY. The provisions of this act are hereby declared
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to be severable and if any provision of this act or the application of such
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provision to any person or circumstance is declared invalid for any reason,
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such declaration shall not affect the validity of the remaining portions of
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this act.