GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H                                                                                                                                                   2

HOUSE BILL 730

Committee Substitute Favorable 5/15/13

 

Short Title:        Insurance & Health Care Conscience Protection.

(Public)

Sponsors:

 

Referred to:

 

April 11, 2013

A BILL TO BE ENTITLED

AN ACT to modify certain laws pertaining to abortion and Contraceptive health insurance coverage and TO LIMIT ABORTION COVERAGE UNDER HEALTH INSURANCE PLANs OFFERED UNDER A HEALTH BENEFIT EXCHANGE OPERATING IN NORTH CAROLINA or offered BY A COUNTY OR MUNICIPALITY.

The General Assembly of North Carolina enacts:

 

PART I. HEALTH CARE CONSCIENCE PROTECTION

SECTION 1.(a)  G.S. 14-45.1(e) reads as rewritten:

"(e)       Nothing in this section shall require a physician licensed to practice medicine in North Carolina or Carolina, any nurse nurse, or any other health care provider who shall state an objection to abortion on moral, ethical, or religious grounds, to perform or participate in medical procedures which result in an abortion. The refusal of such physician a physician, nurse, or health care provider to perform or participate in these medical procedures shall not be a basis for damages for such the refusal, or for any disciplinary or any other recriminatory action against such physician.the physician, nurse, or health care provider. For purposes of this section, the phrase "health care provider" shall have the same meaning as defined under G.S. 90-410(1)."

SECTION 1.(b)  G.S. 14-45.1(f) reads as rewritten:

"(f)       Nothing in this section shall require a hospital orhospital, other health care institution institution, or other health care provider to perform an abortion or to provide abortion services."

SECTION 1.(c)  G.S. 58-3-178(e) reads as rewritten:

"(e)       A religious employer may request an insurer providing a health benefit plan to provide to the religious employer a health benefit plan that excludes coverage for prescription contraceptive drugs or devices that are contrary to the employer's religious tenets. Upon request, the insurer shall provide the requested health benefit plan. An insurer providing a health benefit plan requested by a religious employer pursuant to this section shall provide written notice to each person covered under the health benefit plan that prescription contraceptive drugs or devices are excluded from coverage pursuant to this section at the request of the employer. The notice shall appear, in not less than 10-point type, in the health benefit plan, application, and sales brochure for the health benefit plan. Nothing in this subsection authorizes a health benefit plan to exclude coverage for prescription drugs ordered by a health care provider with prescriptive authority for reasons other than contraceptive purposes, or for prescription contraception that is necessary to preserve the life or health of a person covered under the plan. As used in this subsection, the term "religious employer" means an entity for which all of the following are true:

(1)        The entity is organized and operated for religious purposes and is tax exempt under section 501(c)(3) of the U.S. Internal Revenue Code.

(2)        The inculcation of religious values is one of the primary purposes of the entity.

(3)        The entity employs primarily persons who share the religious tenets of the entity.

includes any employer, including, but not limited to, a corporation, LLC, partnership, or sole proprietorship, whether on a for-profit or nonprofit basis, that has a religious, moral, or ethical objection to arranging for, paying for, facilitating, or providing health benefits plan coverage for contraceptive drugs or methods, including, but not limited to, any and all contraceptive drugs and methods approved by the United States Food and Drug Administration."

 

PART II. LIMITS ON ABORTION FUNDING UNDER HEALTH INSURANCE PLANS OFFERED THROUGH A HEALTH INSURANCE EXCHANGE OR BY LOCAL GOVERNMENTS

SECTION 2.(a)  Article 51 of Chapter 58 is amended by adding the following new section:

" 58-51-63.  Coverage for abortions not allowed in plans offered through Exchange.

(a)        Pursuant to the authority granted to states under 42 U.S.C. 18023(a), no qualified health plan offered through an Exchange created under Subchapter III of Chapter 157 of Title 42 of the U.S. Code and operating within this State shall include coverage for abortion services.

(b)        The coverage limitation in subsection (a) of this section shall not apply to an abortion performed when the life of the mother is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself or when the pregnancy is the result of an act of rape or incest."

SECTION 2.(b)  G.S. 153A-92(d) reads as rewritten:

"(d)      A county may purchase life insurance or health insurance or both for the benefit of all or any class of county officers and employees as a part of their compensation. A county may provide other fringe benefits for county officers and employees. In providing health insurance to county officers and employees, a county shall not provide abortion coverage greater than that provided by the State Health Plan for Teachers and State Employees under Article 3B of Chapter 135 of the General Statutes."

SECTION 2.(c)  G.S. 160A-162(b) reads as rewritten:

"(b)      The council may purchase life, health, and any other forms of insurance for the benefit of all or any class of city employees and their dependents, and may provide other fringe benefits for city employees. In providing health insurance to city employees, the council shall not provide abortion coverage greater than that provided by the State Health Plan for Teachers and State Employees under Article 3B of Chapter 135 of the General Statutes."

 

PART III. EFFECTIVE DATE

SECTION 3.  Sections 1(a), 1(b), and 1(c) of this act are effective when it becomes law, and Section 1(c) applies to insurance contracts or policies issued, renewed, or amended on or after that date. Sections 2(a), 2(b), and 2(c) of this act become effective October 1, 2013, and apply to insurance contracts or policies issued, renewed, or amended on or after that date.