2011 - 2012 LEGISLATURE
May 10, 2011 - Introduced by Senators Zipperer, Leibham, Cowles, Galloway,
Hopper, Kapanke, Kedzie, Lazich, Moulton and Wanggaard, cosponsored by
Representatives Vos, Jacque, Ballweg, Brooks, Endsley, Farrow, Honadel,
Kapenga, Kerkman, Kestell, Kleefisch, Kooyenga, Kuglitsch, LeMahieu,
Nass, Nygren, A. Ott, J. Ott, Petersen, Pridemore, Severson, Spanbauer,
Steineke, Thiesfeldt, Van Roy, Weininger, Williams, Wynn and Ziegelbauer.
Referred to Committee on Public Health, Human Services, and Revenue.
1An Act to create
632.8985 of the statutes; relating to: prohibiting coverage of
2abortions through health plans sold through exchanges.
Analysis by the Legislative Reference Bureau
Under the federal Patient Protection and Affordable Care Act (PPACA), which
was enacted on March 23, 2010, each state must establish an American health
benefit exchange (exchange) to assist individuals and certain businesses in
purchasing health insurance. Health insurance offered through the exchange
(known as a "qualified health plan" in PPACA) must meet certain federal
requirements, including offering the essential health benefits package that is
established by the federal Department of Health and Human Services. PPACA
allows states to prohibit coverage of abortions by qualified health plans offered
through the exchange.
Under current law, funds of the state, a local government, or a long-term care
district and federal funds passing through the state treasury may not be paid to a
physician or surgeon or a hospital, clinic, or other medical facility for the
performance of an abortion. This funding prohibition does not apply in the following
circumstances: 1) the abortion is directly and medically necessary to save the life of
the woman and a physician so certifies; 2) the abortion is performed in the case of
sexual assault or incest, a physician so certifies, and the sexual assault or incest is
reported to law enforcement; and 3) due to a preexisting medical condition, the
abortion is directly and medically necessary to prevent grave, long-lasting physical
health damage to the woman and a physician so certifies.
This bill prohibits a qualified health plan offered through any exchange
operating in this state from covering any abortion the performance of which is
ineligible for funding from the state, a local government, or a long-term care district
or from federal funds passing through the state treasury.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB92, s. 1
632.8985 of the statutes is created to read:
2632.8985 Prohibiting abortion coverage.
In this section, "abortion" has 3
the meaning given in s. 253.10 (2) (a).
A qualified health plan, as defined in 42 USC 18021
(a), that is offered 5
through any American health benefit exchange, as described in 42 USC 18031
, that 6
is operating in the state may not cover any abortion the performance of which is 7
ineligible for funding under s. 20.927.