House File 2096 - Introduced HOUSE FILE 2096 BY ALONS , SALMON , SHEETS , SCHULTZ , FISHER , GASSMAN , and SHAW A BILL FOR An Act prohibiting certain health care coverage for elective 1 abortions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5502YH (4) 85 rj/nh

H.F. 2096 Section 1. Section 249N.5, Code 2014, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3. a. As used in this subsection, 3 “elective abortion” means the same as in section 514C.30. 4 b. Premium assistance for the purchase of covered benefits 5 under the Iowa health and wellness plan shall not be provided 6 through a qualified health plan that covers elective abortion. 7 However, an individual, organization, or employer participating 8 in a qualified health plan under the Iowa health and wellness 9 plan may purchase supplemental coverage for elective abortion 10 outside of the Iowa health and wellness plan but shall do so 11 only by purchase of separate coverage or an optional rider 12 for which a separate premium is paid by the purchaser. The 13 purchaser shall provide notice to each affected insured that 14 elective abortion will be included as separate coverage or 15 as an optional rider and that the coverage may be used by a 16 covered dependent without notice to the insured. 17 c. This subsection applies to the purchase of covered 18 benefits to be provided effective on or after July 1, 2014. 19 Sec. 2. NEW SECTION . 514C.30 Elective abortion coverage —— 20 exclusion. 21 1. As used in this section, unless the context otherwise 22 requires, “elective abortion” means the intentional use or 23 prescription of any instrument, medicine, drug, or any other 24 substance or device to terminate the pregnancy of a woman known 25 to be pregnant, with an intention other than to increase the 26 probability of a live birth, to preserve the life or health 27 of a child after live birth, or to remove a dead unborn child 28 who died as the result of natural causes in utero, accidental 29 trauma, or a criminal assault on the pregnant woman. “Elective 30 abortion” does not include any of the following: 31 a. The use or prescription of a drug or device intended as a 32 contraceptive. 33 b. The intentional use of an instrument, medicine, drug, or 34 other substance or device by a physician to terminate a woman’s 35 -1- LSB 5502YH (4) 85 rj/nh 1/ 4

H.F. 2096 pregnancy if the woman’s physical condition, in the physician’s 1 reasonable medical judgment, necessitates the termination of 2 the woman’s pregnancy to avert the woman’s death. 3 c. Treatment upon a pregnant woman who is experiencing a 4 miscarriage or has been diagnosed with an ectopic pregnancy. 5 2. Notwithstanding the uniformity of treatment requirements 6 of section 514C.6, a policy, contract, or plan providing for 7 third-party payment or prepayment of health or medical expenses 8 shall exclude coverage for elective abortion. 9 3. Coverage for an elective abortion may be obtained through 10 a separate policy, contract, or plan or an optional rider for 11 which a separate premium is paid. 12 4. The provisions of this section shall apply to all of the 13 following classes of third-party payment provider contracts, 14 policies, or plans delivered, issued for delivery, continued, 15 or renewed in this state on or after July 1, 2014: 16 a. Individual or group accident and sickness insurance 17 providing coverage on an expense-incurred basis. 18 b. An individual or group hospital or medical service 19 contract issued pursuant to chapter 509, 514, or 514A. 20 c. An individual or group health maintenance organization 21 contract regulated under chapter 514B. 22 d. An individual or group Medicare supplemental policy, 23 unless coverage pursuant to such policy is preempted by federal 24 law. 25 e. A plan established pursuant to chapter 509A for public 26 employees. 27 5. This section shall not apply to accident-only, specified 28 disease, short-term hospital or medical, hospital confinement 29 indemnity, credit, dental, vision, long-term care, basic 30 hospital, and medical-surgical expense coverage as defined by 31 the commissioner of insurance, disability income insurance 32 coverage, coverage issued as a supplement to liability 33 insurance, workers’ compensation or similar insurance, or 34 automobile medical payment insurance. 35 -2- LSB 5502YH (4) 85 rj/nh 2/ 4

H.F. 2096 6. This section does not require a third-party provider 1 to provide or offer to provide an optional rider for elective 2 abortion coverage. 3 7. The commissioner of insurance shall adopt rules pursuant 4 to chapter 17A as necessary to administer this section. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill prohibits certain health care coverage for 9 elective abortion. 10 The bill provides that premium assistance for the purchase 11 of covered benefits under the Iowa health and wellness plan, 12 Code chapter 249N, created pursuant to the federal Patient 13 Protection and Affordable Care Act, shall not be provided 14 through a qualified health plan that covers elective abortion. 15 However, an individual, organization, or employer participating 16 in such a plan may purchase supplemental coverage for elective 17 abortion outside of the Iowa health and wellness plan but shall 18 do so only by purchase of separate coverage or an optional 19 rider for which a separate premium has been paid by the 20 purchaser. The purchaser shall provide notice to each affected 21 insured that elective abortion will be included as a separate 22 coverage or as an optional rider and that the coverage may be 23 used by a covered dependent without notice to the insured. 24 This provision applies to the purchase of covered benefits to 25 be provided effective on or after July 1, 2014. 26 The bill also requires a policy, contract, or plan providing 27 for third-party payment or prepayment of health or medical 28 expenses to exclude coverage for elective abortions. However, 29 coverage for an elective abortion may be obtained through 30 purchase of a separate policy, contract, or plan or an optional 31 rider for which a separate premium is paid. 32 This portion of the bill is applicable to individual and 33 group third-party payment provider contracts, policies, or 34 plans issued for delivery, continued, or renewed in this state 35 -3- LSB 5502YH (4) 85 rj/nh 3/ 4

H.F. 2096 on or after July 1, 2014. This portion of the bill does not 1 apply to specified types of insurance. The commissioner of 2 insurance is required to adopt rules as necessary to administer 3 this portion of the bill. 4 The bill defines elective abortion for the Iowa health and 5 wellness plan and third-party payment provider provisions of 6 the bill. 7 -4- LSB 5502YH (4) 85 rj/nh 4/ 4