PRINTER'S NO. 1705
No. 1190 Session of 2006
INTRODUCED BY WONDERLING, GORDNER, SCARNATI, PICCOLA, WENGER, REGOLA, WAUGH, RAFFERTY, BROWNE, ARMSTRONG, ERICKSON, PILEGGI, TOMLINSON AND WOZNIAK, APRIL 17, 2006
REFERRED TO BANKING AND INSURANCE, APRIL 17, 2006
AN ACT 1 Amending the act of May 17, 1921 (P.L.682, No.284), entitled "An 2 act relating to insurance; amending, revising, and 3 consolidating the law providing for the incorporation of 4 insurance companies, and the regulation, supervision, and 5 protection of home and foreign insurance companies, Lloyds 6 associations, reciprocal and inter-insurance exchanges, and 7 fire insurance rating bureaus, and the regulation and 8 supervision of insurance carried by such companies, 9 associations, and exchanges, including insurance carried by 10 the State Workmen's Insurance Fund; providing penalties; and 11 repealing existing laws," providing for exclusion of abortion 12 coverage for health care and disability insurance. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 Section 1. The act of May 17, 1921 (P.L.682, No.284), known 16 as The Insurance Company Law of 1921, is amended by adding a 17 section to read: 18 Section 633.1. Abortion Coverage Exclusion.--(a) All 19 insurers who make available individual or group health care and 20 disability insurance policies in this Commonwealth and who wish 21 to provide abortion coverage shall provide all insureds with an 22 express option to exclude coverage for each of the following:
1 (1) All abortions except those necessary to avert the death 2 of the pregnant woman. 3 (2) All abortions except those necessary to avert the death 4 of the pregnant woman or where the pregnancy is the result of 5 rape or incest. 6 (b) For group policies, the option for exclusion of coverage 7 shall also be made available to each individual subscriber, 8 provided that a subscriber covered under a group policy may not 9 obtain greater abortion coverage than the group policy or 10 contract holder has determined will be available. 11 (c) Notice of the options for exclusion of abortion coverage 12 provided for in this section shall be printed on the application 13 form and on the insurance policy in ten-point boldface print. 14 Every insurance policy that contains an exclusion of abortion 15 coverage shall expressly state that such coverage is excluded. 16 Every insurance policy that provides abortion coverage and does 17 not contain an exclusion for abortion coverage shall expressly 18 state that abortion coverage is provided. 19 (d) Nothing in this section is intended to exclude coverage 20 for medical services needed as a result of complications from an 21 abortion. Nor is this section intended to repeal any provision 22 of 18 Pa.C.S. Ch. 32 (relating to abortion) which limits 23 insurance coverage for abortion. 24 (e) This section shall apply to all policies of health care 25 and disability insurance entered into or renewed on or after the 26 effective date of this section. 27 Section 2. This act shall take effect in 60 days. L14L40JLW/20060S1190B1705 - 2 -