Senate Bill 3214

AN ACT ENTITLED THE "FEDERAL ABORTION-MANDATE OPT-OUT ACT"; TO PROHIBIT THE USE OF FEDERAL FUNDS TO PAY FOR ELECTIVE ABORTIONS COVERED BY PRIVATE INSURANCE IN THE STATE OF MISSISSIPPI THROUGH A HEALTH CARE EXCHANGE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Title. This act may be known and cited as the "Federal Abortion-Mandate Opt-Out Act."

SECTION 2. Legislative findings and purposes. (1) The Legislature of the State of Mississippi finds that:

(a) Federal funding for insurance plans that cover abortions is prohibited by the Hyde Amendment and the Federal Employee Health Benefits Program (FEHBP).

(b) Congress disregarded existing federal law and policy when they allowed insurance plans that cover abortions to receive federal subsidies through health care reform.

(c) In Section 1303 of the federal Patient Protection and Affordable Care Act, states are explicitly permitted to pass laws prohibiting qualified health plans offered through an exchange in their state from offering abortion coverage.

(d) It is the long-standing policy of the State of Mississippi to prohibit elective abortions under the Mississippi Medicaid Program and to not require the State and School District Employee Health Insurance Plan or any private health insurance plan in Mississippi to cover the cost of elective abortions.

(e) The decision not to fund abortions places no governmental obstacle in the path of a woman who chooses to terminate her pregnancy. Rust v. Sullivan, 500 U.S. 173,201 (1991)

(f) Moreover, it is permissible for a state to engage in unequal subsidization of abortion and other medical services to encourage alternative activity deemed in the public interest. Rust v. Sullivan, 500 U.S. 173,198 (1991)

(g) Citizens of the State of Mississippi, like other Americans, oppose the use of public funds, both federal and state, to pay for abortions. For example, a January 2010 Quinnipiac poll showed that seven (7) in ten (10) Americans were opposed to provisions in federal health care reform that use federal funds to pay for abortions and abortion coverage.

(h) The Guttmacher Institute which advocates for unfettered and taxpayer-funded access to abortion confirms that, based on Medicaid studies, more women have abortions when it is covered by private or public insurance programs.

(2) Based on the findings in subsection (1) of this section, it is the purpose of this act to affirmatively opt out of allowing qualified health plans that cover abortions to participate in exchanges within the State of Mississippi.

SECTION 3. Opt-Out. (1) No abortion coverage may be provided by a qualified health plan offered through an exchange created pursuant to the federal Patient Protection and Affordable Care Act within the State of Mississippi.

(2) This limitation shall not apply to an abortion performed (a) when the life of the mother is endangered by a physical disorder, physical illness or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, or (b) when the pregnancy is the result of an alleged act of rape or incest. The physician is required to maintain sufficient documentation in the medical record that supports the medical necessity for the abortion for one of the reasons outlined in this subsection (2).

SECTION 4. This act shall take effect and be in force from and after its passage.