H.B. 354 Enrolled

1

INSURANCE AMENDMENTS RELATING TO ABORTION
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Carl Wimmer
5 Senate Sponsor: Margaret Dayton
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Insurance Code by limiting the type of abortion
10 coverage that may be offered in a health benefit plan, on the state health insurance
11 exchange, or on a federally mandated health insurance exchange.
12 Highlighted Provisions:
13 This bill:
14 . defines the term, "permitted abortion coverage"; and
15 . limits the type of abortion coverage that may be offered in a health benefit plan, on
16 the state health insurance exchange, or on a federally mandated health insurance
17 exchange.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 This bill takes effect on January 1, 2012.
22 Utah Code Sections Affected:
23 ENACTS:
24 31A-22-726, Utah Code Annotated 1953
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 31A-22-726 is enacted to read:
28 31A-22-726. Abortion coverage restriction in health benefit plan and on health
29 insurance exchange.

30 (1) As used in this section, "permitted abortion coverage" means coverage for abortion:
31 (a) that is necessary to avert:
32 (i) the death of the woman on whom the abortion is performed; or
33 (ii) a serious risk of substantial and irreversible impairment of a major bodily function
34 of the woman on whom the abortion is performed;
35 (b) of a fetus that has a defect that is documented by a physician or physicians to be
36 uniformly diagnosable and uniformly lethal; or
37 (c) where the woman is pregnant as a result of:
38 (i) rape, as described in Section 76-5-402 ;
39 (ii) rape of a child, as described in Section 76-5-402.1 ; or
40 (iii) incest, as described in Subsection 76-5-406 (10) or Section 76-7-102 .
41 (2) A person may not offer coverage for an abortion in a health benefit plan, unless the
42 coverage is a type of permitted abortion coverage.
43 (3) A person may not offer a health benefit plan that provides coverage for an abortion
44 in a health insurance exchange created under Title 63M, Chapter 1, Part 25, Health System
45 Reform Act, unless the coverage is a type of permitted abortion coverage.
46 (4) A person may not offer a health benefit plan that provides coverage for an abortion
47 in a health insurance exchange created under the federal Patient Protection and Affordable Care
48 Act, 111 P.L. 148, unless the coverage is a type of permitted abortion coverage.
49 Section 2. Effective date.
50 This bill takes effect on January 1, 2012.