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First Substitute H.B. 354
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7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Insurance Code to prohibit a person from offering a
10 health benefit plan in a health insurance exchange that is created, owned, or sponsored
11 by a government entity if the health benefit plan provides coverage for an abortion other
12 than an abortion necessary to protect the life or health of a woman.
13 Highlighted Provisions:
14 This bill:
15 . prohibits a person from offering a health benefit plan in a health insurance exchange
16 that is created, owned, or sponsored by a government entity, including a health
17 insurance exchange created under Title 63M, Chapter 1, Part 25, Health System
18 Reform Act, or pursuant to the federal Patient Protection and Affordable Care Act,
19 111 P.L. 148, if the health benefit plan provides coverage for an abortion, unless:
20 . the abortion is necessary to avert the death of the woman on whom the abortion
21 is performed or a serious risk of substantial and irreversible impairment of a
22 major bodily function of the woman on whom the abortion is performed;
23 . the abortion is of a fetus with a diagnosable, lethal fetal defect; or
24 . the woman obtaining the abortion is pregnant as a result of rape or incest.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:
30 ENACTS:
31 31A-22-726, Utah Code Annotated 1953
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33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 31A-22-726 is enacted to read:
35 31A-22-726. Abortion coverage restriction on health insurance exchange.
36 A person may not offer in a health insurance exchange, including a health insurance
37 exchange created under Title 63M, Chapter 1, Part 25, Health System Reform Act, or pursuant
38 to the federal Patient Protection and Affordable Care Act, 111 P.L. 148, a health benefit plan in
39 this state that provides coverage for an abortion, except for an abortion:
40 (1) that is necessary to avert:
41 (a) the death of the woman on whom the abortion is performed; or
42 (b) a serious risk of substantial and irreversible impairment of a major bodily function
43 of the woman on whom the abortion is performed;
44 (2) of a fetus that has a defect that is documented by a physician or physicians to be
45 uniformly diagnosable and uniformly lethal; or
46 (3) where:
47 (a) the woman is pregnant as a result of:
48 (i) rape, as described in Section 76-5-402 ;
49 (ii) rape of a child, as described in Section 76-5-402.1 ; or
50 (iii) incest, as described in Subsection 76-5-406 (10) or Section 76-7-102 ; and
51 (b) before the abortion is performed, the physician who performs the abortion:
52 (i) verifies that the incident described in Subsection (3)(a) has been reported to law
53 enforcement; and
54 (ii) complies with the requirements of Section 62A-4a-403 .
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