Texas Insurance Coverage for Abortion Ban (HB 214)

HB 214 would amend the Insurance Code to prohibit a qualified health plan offered through a health benefit exchange, as administered by the federal government or created under the Affordable Care Act, from providing coverage for an abortion unless the abortion is performed due to a medical emergency.

The bill does not prevent a person from purchasing optional or supplemental coverage for abortion under a health benefit plan other than a qualified health plan offered through a health benefit exchange.

A health benefit plan may provide coverage for elective abortion only if:

• the coverage is provided to an enrollee separately from other health benefit plan coverage offered by the health benefit plan issuer;
• the enrollee pays the premium for coverage for elective abortion separately from, and in addition to, the premium for other health benefit plan coverage, if any; and
• the enrollee provides a signature for coverage for elective abortion, separately and distinct, from the signature required for any other health benefit coverage.

The bill goes on to describe the process for calculating the premium for such coverage.

The health plan issuer would be required to provide notice at the time of enrollment that such coverage is optional and only offered separately.

Colloquially known as “Rape Insurance,” such laws ban private and public health insurance plans from offering coverage for abortion except through the purchase of an optional rider, which insurance companies, HMOs, and employers are not required to provide and which must be purchased prior to pregnancy.

Related Legislation

Companion bill to SB 8.

Similar to HB 1113/SB 20, which failed to pass during the regular 2017 legislative session.

Similar to SB 1872/HB 3130, and HB 1435/SB 575, all of which failed to pass in previous legislative sessions.

STATUS

Passed the house on August 8, 2017, by a 95-51 vote.

Passed the senate on August 12, 2017 by a 20-10 vote.

Signed by Gov. Greg Abbott (R) on August 15, 2017.

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