CO

HB 1258

Introduced Jan. 31, 2001

Adding sub ' (15) to ' 10-16-104:

(a) .... no hospitalization or medical benefits contract on a group basis issued by an insurer... shall be sold in this state unless the policyholder under such contract or persons holding the master contract under such contract are offered the opportunity to purchase coverage for benefits for contraceptive devices.

None

FL

HB 381

Referred to Health and Human Services Committee,

April 23, 2001

Note: Preamble notes that EEOC has found that denial of contraceptive coverage violates Title VII=s Pregnancy Discrimination Act

Sections  4, 6, & 8: Any [health insurance policy; any group, franchise, accident, or health insurance policy; or health maintenance contracts] that provides coverage for outpatient prescription drugs shall cover prescription oral contraceptives approved by the [FDA] and prescribed by a [licensed] practitioner ...

Section 3: (2) Exception: Nothing in this section shall be construed as authorizing the exclusion of coverage under a health plan of prescription oral contraceptives necessary to preserve the life or health of the patient.

(4) Nothing in this section shall be construed to require coverage for chemically induced abortions.

Section 3.

(1) General Rule: ... a religious health plan sponsor may provide a health plan that does not provide benefits for prescription oral contraceptives that are contrary to the religious tenets of the religion or religious corporation, association, or society referred to in subsection (3). Further, [the contraceptive equity rule] shall not apply to an [individual or group health care service plan contract] purchased by an employer that is a religious health plan sponsor, including but not limited to, any church, religious school, religious association, other [not-profit] religious organization [...], if the provision of prescription oral contraceptives ... is inconsistent with the religious beliefs of the organization.

(3) Definition B ... the term Areligious health provider@ means a health plan sponsor that meets the definition of Achurch plan@ under ' 3(33) of the Employee Retirement Income Security Act of 1974.

LA

SB 211

Engrossed Final Passage in Senate, April 26, 2001

A. Every health insurance policy, contract, or plan ... which provides coverage for prescription drugs shall provide coverage for any birth control drug that is approved by the [FDA]...

C. (3) Health insurers shall allow enrollees in a health plan exempted under [the religious exemption] to directly purchase coverage of contraceptive services and supplies.  The cost to the enrollee shall not exceed the enrollee=s pro rata share of the price the religious employer would have paid for such coverage had the religious employer not invoked the religious exemption.

(4) Nothing in this section shall be construed to exclude coverage for prescription contraceptive supplies ordered...for reasons other than contraceptive purposes, such as decreasing the risk of ovarian cancer or eliminating the symptoms of  menopause, or for prescription contraception that is necessary to preserve the life or health of the insured.

(E) The provisions of this Section shall only apply to birth control drugs and shall not be construed to apply to any antiprogestin or other abortifacient class of drug.

C. (1) Any employer which is a religious organization may request ... an exclusion from coverage under such policy, plan or contract for coverage of birth control drugs ... if such coverage conflicts with the religious beliefs and practices of the organization.

(7)... a Areligious employer@ is an entity for which each of the following is true:

(a) the inculcation of religious benefits is the primary purpose of the entity.

(b) the entity primarily employs persons who share the religious beliefs of the entity.

(c) the entity serves primarily persons who share the religious tenets of the entity.

(d) the entity is a nonprofit organization pursuant to [' 501 (c)(3) of the Internal Revenue Code].

MO

HB 762

Perfected March 14, 2001

1. Each carrier that offers or issued benefits plans providing ... pharmaceutical coverage ... shall:

(4) ... provide coverage for pharmaceutical benefits, provide coverage for contraceptives ... Acontraceptive@ shall include all prescription drugs and devices approved by the [FDA] for use as a contraceptive, but shall exclude all drugs and devices that are intended to induce an abortion ...

Nothing in this section shall be construed to exclude coverage for prescription contraceptive drugs or devices ordered by a health care providers ... for reasons other than contraceptive or abortion purposes.

5. Except for a health carrier that is exempted from providing coverage for contraceptives ... a health carrier shall allow enrollees in a health benefit plan that excludes coverage for contraceptives ... to purchase a rider to the health benefit plan that includes coverage for contraceptives.

4. (1) Any health care carrier may issue to any person or entity ... a health benefit plan that excludes coverage for contraceptives if the use or provision of such contraceptives is contrary to the moral, ethical, or religious beliefs or tenets of such person or entity;

(2) [exemption for enrollee for whom coverage is against moral or religious beliefs]

(3) Any health carrier which is owned, operated or controlled in substantial part by an entity that is operated pursuant to moral, ethical, or religious tenets that are contrary to the use or provision of contraceptives shall be exempt ...

NB

LB 319

Introduced, Jan. 8, 2001

Sec. 3. ... a health insurance plan shall not:

(1) Exclude or restrict benefits for prescriptive contraceptive drugs or devices approved by the [FDA] or generic equivalents..., if the health insurance plan provides benefits for other outpatient prescription drugs or devices...

5. Any procedure required to be covered by [this Act] that a religious institution or religious organization determines will violate its religious or moral teachings and beliefs is not required to be contained in any policy, plan or contract issued to the religious institution or religious organization.

NJ

AB 2167

Amended on Assembly Floor, March 26, 2001

[various health insurance plan types] that provide[] hospital or medical expense benefits for expenses incurred in the purchase of prescription drugs under a contract shall provide coverage ... for expenses incurred in the purchase of prescription female contraceptives... Aprescription female contraceptives@ means any drug or device used for contraception by a female that can only be purchased in this State with a prescription written by a [licensed] health care professional..., and includes, but is not limited to, birth control pills and diaphragms.

... [The religious exemption] shall not be construed as authorizing a [health insurer] to exclude coverage for prescription drugs that are prescribed for reasons other than for contraceptive purposes or for female contraceptives that are necessary to preserve the life or health of a subscriber.

... The benefits shall be provided to the same extent as for any other prescription drugs under the contract.

... A religious employer may request ... an exclusion under the contract  ...  if the required coverage conflicts with the religious employer=s bona fide religious beliefs and practices ...

... Areligious employer@ means an employer that is a church, convention or association of churches or any group or entity that is operated, supervised or controlled by or in connection with a church or a convention or association of churches as defined in 26 U.S.C. ' 3121(w)(3)(A) and that qualifies as a tax-exempt organization under 26 U.S.C. ' 501(c)(3).

NY

SB 3

Introduced, Jan. 3, 2001

A 2006

Introduced, Jan. 17, 2001

In Conference Committee

Every [health insurance policy or contract which provides coverage for prescription drugs shall include coverage for the cost of contraceptive drugs or devices approved by the [FDA] ... under the prescription of [an authorized] health care provider...

In SB 3 only:

If the group or entity, on whose behalf the policy is issued is operated, supervised or controlled by or in connection with a religious organization or denominational group or entity, then nothing in this subsection shall require the policy to cover any diagnosis or treatment that is contrary to the religious tenets of such group or entity.

If the insurer or [HMO] ... is operated or controlled by or in connection with a religious organization or denominational group or entity, then nothing in this subsection shall require the policy to cover any diagnosis or treatment that is contrary to the religious tenets of such insurer or [HMO].

PA

SB 699

Introduced March 27, 2001

' 4. A health insurance policy shall not:

(1) Exclude or restrict coverage of any prescription contraceptive drug approved by the [FDA], if the policy providers coverage for other prescription drugs.

(2) Exclude or restrict coverage for a prescription contraceptive device approved by the [FDA],  if the policy providers coverage for other prescription devices.

(3)  Exclude or restrict coverage for outpatient medical or counseling services necessary for the effective use of contraception,  if the policy providers coverage for other outpatient medical or counseling services.

None

TX

HB 2382

Reported out of Insurance Committee, April 9, 2001

' 3. (a) A health benefit plan that provides benefits for prescription drugs or devices may not exclude or limit benefits to enrollees for:

(1) a prescription contraceptive drug or device approved by the [FDA]; or

(2) an outpatient contraceptive service.

' 1. (2) AOutpatient contraceptive service@ means a consultation, examination, procedure or medical service that is provided on an outpatient basis and that is related to the use of a drug or device intended to prevent pregnancy.

' 7 (a) This article does not require a health benefit plan that is issued by an entity associated with a religious organization or any physician or health care provider providing medical or health care services under the health benefit plan to offer, recommend, offer advice concerning, pay for, provide, assist in, perform, arrange, or participate in providing or performing a medical or health care service that violates the religious convictions of the organization.

UT

SB 42

Introduced Jan. 4, 2001

(7)(a) Except as provided in subsection (7)(b), [an HMO] contract that provides coverage for outpatient prescription drugs shall cover to the same extent and subject to the same policy or contract terms:

(i) contraceptive articles.

(ii) outpatient services for contraceptive articles.

(d) As used in this subsection (7):

(i) AContraceptive article@ means: (A) Any drug, medicine, mixture, preparation, instrument, article, or device of any nature that is: (I) Approved by the [FDA] to prevent a pregnancy... or  (B) Any hormonal compound that is taken orally and that is approved by the [FDA] to prevent a pregnancy

(ii) AContraceptive article@ does not include any drug, medicine, mixture, preparation, instrument, article, or device of any nature ... for use in terminating a pregnancy.

(7)(b) A religious organization may, at its option, request that the coverage required by Subsection (7)(a) be excluded from a policy or contract purchased by or otherwise offered through the organization for the benefit of the organization=s employees.

WI

AB 296

Referred to Committee on Insurance  April 6, 2001

' 10 adding 632.895(15)

(b) Every disability insurance policy and every self-insured health plan ... that provide coverage of outpatient health care services, preventive treatments and services, or prescription drugs and devices shall provide coverage for all of the following:

1. Contraceptive articles.

2. Medical services, including counseling and physical examinations, for the prescription or use of a contraceptive article or of a procedure to prevent pregnancy.

3. Medical procedures performed to prevent a pregnancy.

(a) (1) AContraceptive article@ means any of the following:

a. A drug, medicine, preparation, instrument, article or device that is approved by the [FDA] for use to prevent a pregnancy... [It] does not include any drug, medicine, preparation, instrument, article or device of any nature prescribed for use in terminating a pregnancy of a woman who is known by [the provider] to be pregnant.

b. A hormonal compound that is taken orally and that is approved by the [FDA] for use to prevent a pregnancy.

(d) This subsection does not apply to...:

4. A disability insurance policy that is issued to a religious employer, if the religious employer requests that the insurer issuing the policy not provide the coverage... on the basis that the articles and services covered are contrary to the religious employer=s religious tenets...

(a) 1. b.  2. AReligious employer@ means an entity that satisfies all of the following criteria:

a. The inculcation of religious values is the purpose of the entity.

b. The entity employs primarily persons who share the religious tenets of the entity.

c. The entity is exempt from filing a federal annual information return under [26 U.S.C. ' 6033(a)(2)(A)(i) and (iii) and (C)(i)].