Uncategorized — March 14, 2010 at 1:43 pm

Abortion language in the Senate Health Care bill

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In case you’re ever talking to Bart Stupak or someone else concerned about the abortion language in the health insurance reform bill, simply commend their attention to pages 118-124. I have put them into a convenient pdf file HERE.

It falls collectively under a section titled:

“SPECIAL RULES RELATING TO COVERAGE OF ABORTION SERVICES — PROHIBITION ON THE USE OF FEDERAL FUNDS”.


Frankly, the language could hardly be more clear cut. I have excerpted the pertinent sections below.


Basically, section (1)(B)(i) defines abortions for which public funding is prohibited by current federal law. Section (1)(C) prohibits the use of federal funds in the community health insurance option to pay for those abortions. Sections (2)(A) and (B) say that insurers that have plans that cover abortions “shall not use any amount” of government funds to pay for those abortions and that the monies used to pay for those abortions must be paid for separately with non-governmental funds.

Enjoy. You know, if you’re into that sort of thing…

I’m just sayin’…
==================================
‘‘Patient Protection and Affordable Care Act’’
TITLE I—QUALITY, AFFORDABLE HEALTH CARE FOR ALL AMERICANS
Subtitle D—Available Coverage Choices for All Americans
PART I—ESTABLISHMENT OF QUALIFIED HEALTH PLANS
SEC. 1303. SPECIAL RULES.
        (a) SPECIAL RULES RELATING TO COVERAGE OF ABORTION SERVICES.—
                (1) Voluntary Choice of Coverage of Abortion Services

[SNIP]

                   (B) ABORTION SERVICES.—
                                (i) ABORTIONS FOR WHICH PUBLIC FUNDING IS PROHIBITED.—The services described in this clause are abortions for which the expenditure of Federal funds appropriated for the Department of Health and Human Services is not permitted, based on the law as in effect as of the date that is 6 months before the beginning of the plan year involved.
                                (ii) ABORTIONS FOR WHICH PUBLIC FUNDING IS ALLOWED.—The services described in this clause are abortions for which the expenditure of Federal funds appropriated for the Department of Health and Human Services is permitted, based on the law as in effect as of the date that is 6 months before the beginning of the plan year involved.
                        (C) PROHIBITION ON FEDERAL FUNDS FOR ABORTION SERVICES IN COMMUNITY HEALTH INSURANCE OPTION.—
                                (i) DETERMINATION BY SECRETARY.— The Secretary may not determine, in accordance with subparagraph (A)(ii), that the community health insurance option established under section 1323 shall provide coverage of services described in subparagraph (B)(i) as part of benefits for the plan year unless the Secretary—
                                        (I) assures compliance with the requirements of paragraph (2);
                                        (II) assures, in accordance with applicable provisions of generally accepted accounting requirements, circulars on funds management of the Office of Management and Budget, and guidance on accounting of the Government Accountability Office, that no Federal funds are used for such coverage; and
                                        (III) notwithstanding section 1323(e)(1)(C) or any other provision of this title, takes all necessary steps to assure that the United States does not bear the insurance risk for a community health insurance option’s coverage of services described in subparagraph (B)(i).
                                   (ii) STATE REQUIREMENT.—If a State requires, in addition to the essential health benefits required under section 1323(b)(3)(A), coverage of services described in subparagraph (B)(i) for enrollees of a community health insurance option offered in such State, the State shall assure that no funds flowing through or from the community health insurance option, and no other Federal funds, pay or defray the cost of providing coverage of services described in subparagraph (B)(i). The United States  shall not bear the insurance risk for a State’s required coverage of services described in subparagraph (B)(i).

[SNIP]

                  (2) PROHIBITION ON THE USE OF FEDERAL FUNDS.—
                          (A) IN GENERAL.—If a qualified health plan provides coverage of services described in paragraph (1)(B)(i), the issuer of the plan shall not use any amount attributable to any of the following for purposes of paying for such services:
                                    (i) The credit under section 36B of the Internal Revenue Code of 1986 (and the amount (if any) of the advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act).
                                    (ii) Any cost-sharing reduction under section 1402 of thePatient Protection and Affordable Care Act (and the amount (if any) of the advance payment of the reduction under section 1412 of the Patient Protection and Affordable Care Act).
                           (B) SEGREGATION OF FUNDS.—In the case of a plan to which subparagraph (A) applies, the issuer of the plan shall, out of amounts not described in subparagraph (A), segregate an amount equal to the actuarial amounts determined under subparagraph (C) for all enrollees from the amounts described in subparagraph (A).

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