South Carolina General Assembly
119th Session, 2011-2012
H. 3406
STATUS INFORMATION
General Bill
Sponsors: Reps. Delleney, Simrill, Lucas, Hiott, Limehouse, Bowen, Bedingfield, Pinson, G.R. Smith,
J.R. Smith, G.M. Smith, Toole, Hixon, Brannon, Bikas, Cooper, Frye, Bingham, Parker, Allison, Sottile,
Henderson, McCoy, Atwater, Ballentine, Clemmons, Cole, D.C. Moss, Pitts, Young, Quinn and Owens
Document Path: l:\council\bills\nbd\11003ac11.docx
Introduced in the House on January 20, 2011
Currently residing in the House Committee on Ways and Means
Summary: Abortion
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
1/20/2011 House Introduced and read first time (House Journal-page 10)
1/20/2011 House Referred to Committee on Ways and Means (House Journal-page 10)
2/23/2011 House Member(s) request name added as sponsor: Quinn
3/29/2011 House Member(s) request name added as sponsor: Owens
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
1/20/2011
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9 A BILL
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11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
12 1976, BY ADDING SECTION 38-71-295 SO AS TO PROVIDE
13 THAT PURSUANT TO FEDERAL LAW ALL QUALIFIED
14 HEALTH PLANS OFFERED THROUGH THE STATE
15 EXCHANGE ARE PROHIBITED FROM INCLUDING
16 ELECTIVE ABORTION COVERAGE; TO PROVIDE THAT
17 HEALTH INSURANCE PLANS AND POLICIES OFFERED
18 OUTSIDE THE EXCHANGE MUST NOT PROVIDE
19 COVERAGE FOR ELECTIVE ABORTIONS EXCEPT BY
20 OPTIONAL SUPPLEMENTAL COVERAGE FOR ABORTION
21 WHICH MUST BE PAID BY A SEPARATE PREMIUM; AND
22 TO ESTABLISH THE PROCEDURES FOR PROVIDING
23 ELECTIVE ABORTION COVERAGE
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25 Be it enacted by the General Assembly of the State of South
26 Carolina:
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28 SECTION 1. Article 1, Chapter 71, Title 38 of the 1976 Code is
29 amended by adding:
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31 “Section 38-71-295. (A) Pursuant to Section 1303(a)(1), as
32 amended by Section 10104(c), of the Patient Protection and
33 Affordable Care Act, Pub. L. No. 111-148, all qualified health
34 plans offered through the state Exchange are prohibited from
35 including elective abortion coverage. Nothing in this section shall
36 be construed as preventing anyone from purchasing optional
37 supplemental coverage for elective abortions for which there must
38 be paid a separate premium in accordance with subsection (D) in
39 the health insurance market outside of the state Exchange.
40 (B) No health plan, including health insurance contracts, plans
41 or policies, offered outside of the Exchange, but within the State,
42 shall provide coverage for elective abortions except by optional
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1 separate supplemental coverage for abortion for which there must
2 be paid a separate premium in accordance with subsection (D).
3 (C) For purposes of this section, an „elective abortion‟ means
4 an abortion for any reason other than to prevent the death of the
5 mother upon whom the abortion is performed; provided, that an
6 abortion may not be deemed one to prevent the death of the mother
7 based on a claim or diagnosis that she will engage in conduct
8 which will result in her death.
9 (D) The issuer of any health plan providing elective abortion
10 coverage:
11 (1) shall calculate the premium for such coverage so that it
12 fully covers the estimated cost of covering elective abortions, per
13 enrollee, determined on an average actuarial basis, in calculating
14 which the issuer of the plan may not take into account any cost
15 reduction in any health plan covering an enrollee estimated to
16 result from the provision of abortion coverage, including prenatal
17 care, delivery, or postnatal care;
18 (2) if the enrollee is enrolling in a health plan providing any
19 other coverage at the same time as the enrollee is enrolling in a
20 plan providing elective abortion coverage, shall require a separate
21 signature, distinct from that to enroll in the health plan providing
22 other coverage, in order to enroll in the separate supplemental plan
23 providing elective abortion coverage;
24 (3) shall provide a notice to enrollees, at the time of
25 enrollment, that:
26 (a) specifically states the cost of the separate premium for
27 coverage of elective abortions, distinct and apart from the cost of
28 the premium for any health plan providing any other coverage in
29 any health plan covering an enrollee;
30 (b) states that enrollment in elective abortion coverage is
31 optional; and
32 (c) if the enrollee is enrolling in a health plan providing
33 any other coverage at the same time as the enrollee is enrolling in a
34 plan providing elective abortion coverage, states that the enrollee,
35 may choose to enroll in the plan providing other coverage without
36 enrolling in the plan providing elective abortion coverage.
37 (E) The issuer of any health plan providing any coverage other
38 than elective abortion shall not discount or reduce the premium for
39 such coverage on the basis that an enrollee has elective abortion
40 coverage.
41 (F) Any employer who offers employees a health plan
42 providing elective abortion coverage shall, at the time of beginning
43 employment, and at least once in each calendar year thereafter,
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1 provide each employee the option to choose or reject elective
2 abortion coverage.
3 (G) Any entity offering a group health plan providing elective
4 abortion coverage, other than employers offering such a plan to
5 their employees shall, at the time each group member begins such
6 coverage, and at least once in each calendar year thereafter,
7 provide each group member the option to choose or reject elective
8 abortion coverage.
9 (H) Nothing in this section shall be construed to apply in
10 circumstances in which federal law preempts state health insurance
11 regulation.”
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13 SECTION 2. This act takes effect upon approval by the Governor.
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