Bill Text: MI SB0139 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Health; abortion; health professional or facility seeking reimbursement from qualified health plan for elective abortion; prohibit unless coverage is by optional rider. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding secs. 16240 & 20195. TIE BAR WITH: SB 0137'13, SB 0138'13
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-05 - Referred To Committee On Insurance [SB0139 Detail]
Download: Michigan-2013-SB0139-Introduced.html
SENATE BILL No. 139
February 5, 2013, Introduced by Senator JANSEN and referred to the Committee on Insurance.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding sections 16240 and 20195.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16240. (1) A licensee or registrant shall not seek or
accept reimbursement from a qualified health plan; an expense-
incurred hospital, medical, or surgical policy or certificate; a
health maintenance organization group or individual contract; or a
health care corporation group or nongroup certificate for any
services provided that are directly related to the performance of
an elective abortion unless the reimbursement sought or accepted is
from an optional rider provided under either of the following:
(a) Section 3407c of the insurance code of 1956, 1956 PA 218,
MCL 500.3407c.
(b) Section 402d of the nonprofit health care corporation
reform act, 1980 PA 350, MCL 550.1402d.
(2) This section does not affect legitimate and routine
obstetric care, diagnostic testing, or other nonabortion
procedures.
(3) In addition to the administrative penalties prescribed in
section 16226, a licensee or registrant who violates this section
is liable for a civil fine of up to $10,000.00 per violation. The
department shall investigate an alleged violation of this section,
and the attorney general, in cooperation with the department, may
bring an action to enforce this section.
(4) This section does not restrict the right of a licensee or
registrant to discuss abortion or abortion services with a patient
who is pregnant.
(5) This section does not create a right to an abortion.
(6) Notwithstanding any other provision of this section, a
person shall not perform an abortion that is prohibited by law.
(7) As used in this section:
(a) "Elective abortion" means that term as defined in section
3407c of the insurance code of 1956, 1956 PA 218, MCL 500.3407c, or
section 402d of the nonprofit health care corporation reform act,
1980 PA 350, MCL 550.1402d.
(b) "Qualified health plan" means a health plan offered
through an American health benefit exchange as described in section
3407c of the insurance code of 1956, 1956 PA 218, MCL 500.3407c, or
section 402d of the nonprofit health care corporation reform act,
1980 PA 350, MCL 550.1402d.
Sec. 20195. (1) A health facility or agency shall not seek or
accept reimbursement from a qualified health plan; an expense-
incurred hospital, medical, or surgical policy or certificate; a
health maintenance organization group or individual contract; or a
health care corporation group or nongroup certificate for any
services provided that are directly related to the performance of
an elective abortion unless the reimbursement sought or accepted is
from an optional rider provided under either of the following:
(a) Section 3407c of the insurance code of 1956, 1956 PA 218,
MCL 500.3407c.
(b) Section 402d of the nonprofit health care corporation
reform act, 1980 PA 350, MCL 550.1402d.
(2) This section does not affect legitimate and routine
obstetric care, diagnostic testing, or other nonabortion
procedures.
(3) A health facility or agency that violates this section is
liable for a civil fine of up to $10,000.00 per violation. The
department shall investigate an alleged violation of this section,
and the attorney general, in cooperation with the department, may
bring an action to enforce this section.
(4) This section does not restrict the right of a health care
professional or other health facility or agency employee to discuss
abortion or abortion services with a patient who is pregnant.
(5) This section does not create a right to an abortion.
(6) Notwithstanding any other provision of this section, a
person shall not perform an abortion that is prohibited by law.
(7) As used in this section:
(a) "Elective abortion" means that term as defined in section
3407c of the insurance code of 1956, 1956 PA 218, MCL 500.3407c, or
section 402d of the nonprofit health care corporation reform act,
1980 PA 350, MCL 550.1402d.
(b) "Qualified health plan" means a health plan offered
through an American health benefit exchange as described in section
3407c of the insurance code of 1956, 1956 PA 218, MCL 500.3407c, or
section 402d of the nonprofit health care corporation reform act,
1980 PA 350, MCL 550.1402d.
Enacting section 1. This amendatory act takes effect January
1, 2014.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) Senate Bill No. 137.
(b) Senate Bill No. 138.
