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II
113th CONGRESS
1st Session
S. 154
IN THE SENATE OF THE UNITED STATES
January 24
(legislative day, January 3), 2013
Mr. Coburn (for himself,
Mr. Thune, Mr.
Paul, Mr. Johnson of
Wisconsin, Mr. Inhofe,
Mr. Boozman, Mr. Grassley, Mr.
Risch, Mr. Wicker,
Mr. Vitter, and Mr. Roberts) introduced the following bill; which
was read twice and referred to the Committee on Health, Education, Labor, and
Pensions
A BILL
To amend title I of the Patient Protection and Affordable
Care Act to ensure that the coverage offered under multi-State qualified health
plans offered in Exchanges is consistent with the Federal abortion funding
ban.
1.
Short
title
This Act may be cited as
the Preventing the Offering of
Elective Coverage of Taxpayer-Funded-Abortion Act of 2013
or the PROTECT
Act.
2.
Consistency with
Federal abortion funding ban for coverage under multi-State plans in
exchanges
(a)
In
general
Paragraph (6) of section 1334(a) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18054(a)(6)) is amended to read
as follows:
(6)
Consistency
with federal abortion funding ban
(A)
In
general
In entering into contracts under this subsection, the
Director shall ensure that no multi-State qualified health plan offered in an
Exchange provides for coverage of abortions.
(B)
Exception
The
limitation established in subparagraph (A) shall not apply to an
abortion—
(i) if the pregnancy
is the result of an act of rape or incest; or
(ii) in a case where
a woman suffers from a physical disorder, physical injury, or physical illness
that would, as certified by a physician, place the woman in danger of death
unless an abortion is performed, including a life-endangering physical
condition caused by or arising from the pregnancy
itself.
.
(b)
Preemption
Section
1303(c) of the Patient Protection and Affordable Care Act (42 U.S.C. 18023(c))
is amended—
(1) in paragraph (1),
by striking Nothing in this Act and inserting Subject to
paragraph (4), nothing in this Act; and
(2) by adding at the
end the following:
(4)
Application of
limitation for multi-state plans
Paragraph (6) of section 1334(a)
shall preempt any State law requiring coverage of or funding for abortions with
respect to the application of such law to multi-State qualified health
plans.
.