Browse Arkansas Code titles and sections
23-79-156. Health insurance exchange — Coverage of abortions prohibited — Definitions — Findings.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-79-156. Health insurance exchange — Coverage of abortions prohibited — Definitions — Findings.
(a) As used in this section:
(1) “Abortion” means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died as the result of natural causes, accidental trauma, or a criminal assault on the pregnant woman or her unborn child;
(2) “Elective abortion” means an abortion for any reason other than:
(A)(i) To prevent the death of the mother upon whom the abortion is performed.
(ii) However, an abortion shall not be deemed an elective abortion to prevent the death of the mother based on a claim or diagnosis that without the abortion the mother will engage in conduct that will result in her death; or
(B) In a pregnancy resulting from rape or incest; and
(3) “Qualified health plan” means a health plan that meets the requirements under 42 U.S.C. § 18021, as it existed on January 1, 2013.
(b) The General Assembly finds that:
(1) Congress enacted and the President signed into law the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148; and
(2) In the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148, states are explicitly permitted to pass laws prohibiting qualified health plans offered through a health insurance exchange in their state from offering abortion coverage.
(c)(1) In accordance with the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148, a qualified health plan offered through a health insurance exchange establi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-79-156
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:23-79-156
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 9e2d71ea2827f5785eaacaa95d921739cc255dda38c63ac43aba2864cd1f1e1d
Source location: content.xml paragraph 45868
Stored source content
23-79-156. Health insurance exchange — Coverage of abortions prohibited — Definitions — Findings.
(a) As used in this section:
(1) “Abortion” means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died as the result of natural causes, accidental trauma, or a criminal assault on the pregnant woman or her unborn child;
(2) “Elective abortion” means an abortion for any reason other than:
(A)(i) To prevent the death of the mother upon whom the abortion is performed.
(ii) However, an abortion shall not be deemed an elective abortion to prevent the death of the mother based on a claim or diagnosis that without the abortion the mother will engage in conduct that will result in her death; or
(B) In a pregnancy resulting from rape or incest; and
(3) “Qualified health plan” means a health plan that meets the requirements under 42 U.S.C. § 18021, as it existed on January 1, 2013.
(b) The General Assembly finds that:
(1) Congress enacted and the President signed into law the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148; and
(2) In the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148, states are explicitly permitted to pass laws prohibiting qualified health plans offered through a health insurance exchange in their state from offering abortion coverage.
(c)(1) In accordance with the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148, a qualified health plan offered through a health insurance exchange established in this state shall not include elective abortion coverage.
(2) This section does not prevent an individual from purchasing optional supplemental coverage for elective abortions for which a separate premium shall be paid in the health insurance market outside of the state health insurance exchange as provided in subsection (d) of this section.
(d) An issuer of a health plan that offers optional supplemental abortion coverage offered in the health insurance market outside of the state health insurance exchange shall:
(1)(A) Calculate the premium for optional supplemental abortion coverage so that the premium fully covers the estimated cost of an elective abortion for an individual who enrolls for elective abortion coverage.
(B)(i) The insurer shall determine the premium required under subdivision (d)(1)(A) of this section on an average actuarial basis.
(ii)(a) In making the calculation required under subdivision (d)(1)(B)(i) of this section, the issuer shall not take into account a cost reduction in a qualified health plan offered through a health insurance exchange established in this state estimated to result from the provision of abortion coverage that the insurer offers and that covers the individual who enrolls for elective abortion coverage.
(b) As used in subdivision (d)(1)(B)(ii)(a) of this section, cost reduction estimated to result from provision of abortion coverage includes estimated cost reduction in prenatal care, delivery, and postnatal care;
(2) Require that if an enrollee is enrolling in a health insurance plan that provides coverage other than optional supplemental abortion coverage, at the same time as the enrollee is enrolling, the enrollee shall sign at the same time three (3) separate signatures:
(A) A signature for coverage for optional supplemental abortion coverage;
(B) A signature for coverage other than for optional supplemental abortion coverage; and
(C) A signature acknowledging that the enrollee has received the cost of the separate premium; and
(3)(A) Provide at the time of enrollment a notice to enrollees that specifically states the cost of the separate premium for coverage of elective abortions.
(B) The notice required under subdivision (d)(3)(A) of this section shall be distinct and apart from the notice of the cost of the premium for the portion of the health plan that provides coverage other than optional supplemental abortion coverage.
(e) An issuer of a health plan providing coverage offered through a health insurance exchange established in this state that provides coverage other than elective abortion coverage shall not discount or reduce the premium for the coverage on the basis that an enrollee has elective abortion coverage.
(f) This section does not apply in circumstances in which federal law preempts state health insurance regulation.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Qualified health plan** In this title: 11 See References in Text note below.
(1) **In general** — The term “qualified health plan” means a health plan that—
(A) has in effect a certification (which may include a seal or other indication of approval) that such plan meets the criteria for certification described in [section 18031(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18031/c&num=0&edition=prelim) issued or recognized by each Exchange through which such plan is offered;
(B) provides the essential health benefits package described in [section 18022(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18022/a&num=0&edition=prelim); and
(C) is offered by a health insurance issuer that—
(i) is licensed and in good standing to offer health insurance coverage in each State in which such issuer offers health insurance coverage under this title; 1
(ii) agrees to offer at least one qualified health plan in the silver level and at least one plan in the gold level in each such Exchange;
(iii) agrees to charge the same premium rate for each qualified health plan of the issuer without regard to whether the plan is offered through an Exchange or whether the plan is offered directly from the issuer or through an agent; and
(iv) complies with the regulations developed by the Secretary under [section 18031(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section18031/d&num=0&edition=prelim) and such other requirements as an applicable Exchange may establish.
(2) **Inclusion of CO–OP plans and multi-State qualified health plans** — Any reference in this title 1 to a qualified health plan shall be deemed to include a quali
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 18021
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 18021. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 9096
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 18021
1 See References in Text note below.
L. 111–148, Mar. 23, 2010, 124 Stat. 119. Section 9010 of the
Act was set out as a note preceding section 4001 of Title
26, Internal Revenue Code, prior to repeal by Pub. L.
116–94, div. N, title I, § 502(a), Dec. 20, 2019, 133 Stat. 3119.
For complete classification of this Act to the Code, see
Short Title note set out under section 18001 of this title
and Tables.
The Health Care and Education Reconciliation Act of
2010, referred to in subsecs. (a) and (d)(2)(G), is Pub. L.
111–152, Mar. 30, 2010, 124 Stat. 1029. For complete classi-
fication of this Act to the Code, see Short Title of 2010
Amendment note set out under section 1305 of this title
and Tables.
Section 4980I of title 26, referred to in subsec. (b)(2),
was repealed by Pub. L. 116–94, div. N, title I, § 503(a),
Dec. 20, 2019, 133 Stat. 3119.
The Public Health Service Act, referred to in subsec.
(d)(2)(G), is act July 1, 1944, ch. 373, 58 Stat. 682, which
is classified generally to chapter 6A (§ 201 et seq.) of
this title. Title XXVII of the Act is classified generally
to subchapter XXV (§ 300gg et seq.) of chapter 6A. For
complete classification of this Act to the Code, see
Short Title note set out under section 201 of this title
and Tables.
The Employee Retirement Income Security Act of
1974, referred to in subsec. (d)(2)(G), is Pub. L. 93–406,
Sept. 2, 1974, 88 Stat. 832. Part 7 of subtitle B of title I
of the Act is classified generally to part 7 (§ 1181 et seq.)
of subtitle B of subchapter I of chapter 18 of Title 29,
Labor. For complete classification of this Act to the
Code, see Short Title note set out under section 1001 of
Title 29 and Tables.
This Act, referred to in subsecs.
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 18021
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 18021. This identifies an authority to review, not proof of applicability.