South Carolina Legislature MobileReference is to Printer's Date 2/23/11-H.
Amend the bill, as and if amended, by deleting Section 38-71-295 beginning on page 3408-1, line 30 through page 3408-3, line 11 and inserting:
/"Section 38-71-295. (A)
Pursuant to Section 1303(a)(1), as amended by Section
10104(c), of the Patient Protection and Affordable Care Act,
Pub. L. No. 111-148, all qualified health plans offered through
the state Exchange are prohibited from including abortion
coverage, except in cases in which the woman became pregnant
through an act of rape or incest, or where, in the good faith
judgment of the physician, an abortion is medically necessary
for reasons other than rape or incest. Nothing in this section
shall be construed as preventing anyone from purchasing optional
supplemental coverage for abortions for which there must be paid
a separate premium in accordance with subsection (C) in the
health insurance market outside of the state Exchange.
(B) No health plan,
including health insurance contracts, plans or policies, offered
outside of the Exchange, but within the State, shall provide
coverage for abortions except, except in cases in which the
woman became pregnant through an act of rape or incest, or
where, in the good faith judgment of the physician, an abortion
is medically necessary for reasons other than rape or incest, by
optional separate supplemental coverage for abortion for which
there must be paid a separate premium in accordance with
subsection (C).
(C) The issuer of any
health plan providing elective abortion coverage:
(1)
shall calculate the premium for such coverage so that it
fully covers the estimated cost of covering elective abortions,
per enrollee, determined on an average actuarial basis, in
calculating which the issuer of the plan may not take into
account any cost reduction in any 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
any 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;
(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 any health plan providing any other coverage
in any health plan covering an enrollee;
(b)
states that enrollment in elective abortion coverage is
optional; and
(c)
if the enrollee is enrolling in a health plan providing
any other coverage at the same time as 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.
(D) The issuer of any
health plan providing any 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.
(E) 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 elective abortion
coverage.
(F) Any entity offering
a group health plan providing elective abortion coverage, other
than employers offering such a plan to their employees shall, at
the time each group member begins such coverage, and at least
once in each calendar year thereafter, provide each group member
the option to choose or reject elective abortion coverage.
(G) Nothing in this
section shall be construed to apply in circumstances in which
federal law preempts state health insurance regulation."/
Renumber sections to conform.
Amend title to conform.