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Indicates Matter Stricken
Indicates New Matter
H. 4857
STATUS INFORMATION
General Bill
Sponsors: Rep. Duncan
Document Path: l:\council\bills\nbd\12257ac10.docx
Introduced in the House on April 15, 2010
Currently residing in the House Committee on Judiciary
Summary: Abortion
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/15/2010 House Introduced and read first time HJ-53 4/15/2010 House Referred to Committee on Judiciary HJ-53
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-270 SO AS TO PROVIDE THAT NO ABORTION COVERAGE MAY BE PROVIDED BY A QUALIFIED HEALTH PLAN OFFERED WITHIN THE STATE THROUGH AN EXCHANGE CREATED PURSUANT TO FEDERAL LAW.
Whereas, the South Carolina General Assembly finds that:
(1) Federal funding for insurance plans that cover abortions is prohibited by the Hyde Amendment and the Federal Employee Health Benefits Program.
(2) Congress disregarded existing federal law and policy when they allowed insurance plans that cover abortions to receive federal subsidies through health care reform.
(3) Federal law explicitly permits states to pass laws prohibiting qualified health plans offered through an exchange in their state from offering abortion coverage.
(4) It is the long-standing policy of South Carolina that elective abortions are not covered under the State Health Plan.
(5) The decision not to fund abortion 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). The Federal Abortion-Mandate Opt-Out Act Americans United for Life.
(6) 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).
(7) Citizens of the State of South Carolina, 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 in ten Americans were opposed to provisions in federal health care reform that use federal funds to pay for abortions and abortion coverage.
(8) 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; and
Whereas, based on these findings it is incumbent upon the General Assembly to affirmatively opt out of allowing qualified health plans that cover abortions to participate in exchanges within the State of South Carolina. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 71, Title 38 of the 1976 Code is amended by adding:
"Section 38-71-270. No abortion coverage may be provided by a qualified health plan offered within the State of South Carolina through an exchange created pursuant to federal law."
SECTION 2. This act takes effect upon approval by the Governor.
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