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As Passed by the House
122nd General Assembly
|Am. H. B. No. 395|
To enact section 124.85 of the Revised Code to
prohibit the use of state funds
to provide healthcare insurance benefits for
nontherapeutic abortions received
by officers and employees of the
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 124.85 of the Revised
Code be enacted to read as follows:
Sec. 124.85. (A) AS USED IN THIS SECTION:
(1) "NONTHERAPEUTIC ABORTION" MEANS AN ABORTION THAT IS
PERFORMED OR INDUCED WHEN THE LIFE OF THE MOTHER WOULD NOT BE ENDANGERED IF
THE FETUS WERE CARRIED TO TERM OR WHEN THE PREGNANCY OF THE MOTHER WAS NOT THE
RESULT OF RAPE OR INCEST REPORTED TO A LAW ENFORCEMENT AGENCY.
(2) "POLICY, CONTRACT, OR PLAN" MEANS A POLICY, CONTRACT, OR PLAN OF ONE
OR MORE INSURANCE COMPANIES, MEDICAL CARE CORPORATIONS, HEALTH CARE
CORPORATIONS, HEALTH MAINTENANCE ORGANIZATIONS, PREFERRED
PROVIDER ORGANIZATIONS, OR OTHER ENTITIES THAT
PROVIDES HEALTH, MEDICAL, HOSPITAL, OR SURGICAL COVERAGE,
BENEFITS, OR SERVICES TO ELECTED OR APPOINTED OFFICERS OR
EMPLOYEES OF THE STATE,
INCLUDING A PLAN THAT IS ASSOCIATED WITH A
SELF-INSURANCE PROGRAM AND A POLICY, CONTRACT, OR PLAN THAT
IMPLEMENTS A COLLECTIVE BARGAINING AGREEMENT.
(3) "STATE" HAS THE SAME
MEANING AS IN SECTION 2744.01 OF THE REVISED CODE.
(B) SUBJECT TO DIVISION (C) OF THIS SECTION, BUT
NOTWITHSTANDING OTHER PROVISIONS OF THE
REVISED CODE THAT CONFLICT WITH THE
PROHIBITION SPECIFIED IN THIS DIVISION, FUNDS OF THE STATE
SHALL NOT BE EXPENDED
DIRECTLY OR INDIRECTLY TO PAY THE COSTS, PREMIUMS, OR CHARGES
ASSOCIATED WITH A POLICY, CONTRACT, OR PLAN IF THE POLICY,
CONTRACT, OR PLAN PROVIDES COVERAGE, BENEFITS, OR SERVICES
RELATED TO A NONTHERAPEUTIC ABORTION.
(B) OF THIS SECTION DOES NOT
PRECLUDE THE STATE FROM
EXPENDING FUNDS TO PAY THE COSTS,
PREMIUMS, OR CHARGES ASSOCIATED WITH A POLICY, CONTRACT, OR PLAN
THAT INCLUDES A RIDER OR OTHER PROVISION OFFERED ON AN INDIVIDUAL BASIS UNDER
WHICH AN ELECTED OR APPOINTED OFFICIAL OR EMPLOYEE WHO ACCEPTS THE OFFER OF
THE RIDER OR PROVISION MAY OBTAIN COVERAGE OF A NONTHERAPEUTIC ABORTION
THROUGH THE POLICY, CONTRACT, OR PLAN IF THE INDIVIDUAL PAYS FOR ALL OF THE
COSTS, PREMIUMS, OR CHARGES ASSOCIATED WITH THE RIDER OR PROVISION, INCLUDING
ALL ADMINISTRATIVE EXPENSES RELATED TO THE RIDER OR PROVISION AND ANY CLAIM
MADE FOR A NONTHERAPEUTIC ABORTION.
(D) IN ADDITION TO THE
LAWS SPECIFIED IN DIVISION (A)
OF SECTION 4117.10 OF THE
CODE THAT PREVAIL OVER
CONFLICTING PROVISIONS OF AGREEMENTS BETWEEN EMPLOYEE
ORGANIZATIONS AND PUBLIC EMPLOYERS, DIVISIONS
(C) OF THIS SECTION SHALL
PREVAIL OVER CONFLICTING PROVISIONS OF THAT NATURE.
Section 2. Section 124.85 of the Revised Code applies to policies, contracts,
and plans that are issued, established, renewed, modified, or subject to a
period of open enrollment on or after the
effective date of that section.