Assigned to HHS                                                                                                           AS PASSED BY THE HOUSE

 

 

 

 

ARIZONA STATE SENATE

Fifty-Second Legislature, First Regular Session

 

AMENDED

FACT SHEET FOR S.B. 1318

 

abortion; health care exchange; licensure

 

Purpose

 

Prohibits any health care exchange operating in Arizona, rather than only Arizona-based exchanges, from providing coverage for abortions and adds an exception in cases of rape and incest. Requires an abortion clinic to submit all required documentation to the Department of Health Services (DHS) Director (Director) on initial licensure and subsequent renewals. Requires a physician to inform the woman of the possible reversal of a medication abortion and for information on the reversal to be made available on the DHS website.  

 

Background

 

Abortion clinic means a facility, other than a hospital, in which five or more first trimester abortions in any month or any second or third trimester abortions are performed (A.R.S. § 36-449.01).

 

Statute defines abortion as the use of any means to terminate the clinically diagnosable pregnancy of a woman with the knowledge that the termination by those means will cause, with reasonable likelihood, the death of the unborn child. Abortion does not include birth control devices, oral contraceptives used to inhibit or prevent ovulation, conception or the implantation of a fertilized ovum in the uterus or the use of any means to save the life or preserve the health of the unborn child, to preserve the life or health of the child after a live birth, to terminate an ectopic pregnancy or to remove a dead fetus (A.R.S. § 36-2151).

 

Laws 2010, Chapter 114, prohibits a qualified health insurance policy, contract or plan offered through a state health care exchange from providing coverage for abortions unless the coverage is offered as a separate optional rider for which an additional insurance premium is charged, consistent with the provisions of the Patient Protection and Affordable Care Act. It also provides an exception to this prohibition if the abortion was necessary to either save the woman’s life or avert substantial and irreversible impairment of a major bodily function. 

 

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

 

Provisions

 

1.      Prohibits any health care exchange operating in Arizona, rather than only Arizona-based exchanges, from providing coverage for abortions.

 

2.      Adds to the requirements of the physician who is to perform the abortion to inform the woman, at least 24 hours before the abortion, that:

a)      it may be possible to reverse the effects of a medication abortion but that time is of the essence; and

b)      that information on and assistance with reversing the effects of a medication abortion is on the DHS website.

 

3.      Retracts the exception to the prohibition of health care exchanges providing coverage for abortion when coverage is offered as a separate optional rider where an additional premium is charged.

 

4.      Exempts abortions, when the pregnancy is the result of rape or incest, from the prohibition of insurance coverage.

 

5.      Requires the DHS website to include information on the potential ability to reverse a medication abortion, including information directing women where to obtain further information and assistance in locating a medical professional who can help in the reversal of the medication abortion.   

 

6.      Requires an abortion clinic to submit to the Director all required documentation, including verification that the physicians who are required to be available have the required admitting privileges at a health care institution, on initial licensure and any subsequent renewal.

 

7.      Exempts the physician’s personally identifiable information and any records kept regarding the physician’s admitting privileges from being made available to the public.

 

8.      Makes technical changes.

 

9.      Becomes effective on the general effective date.

 

Amendments Adopted by Committee of the Whole

 

1.      Adds an exception to the prohibition of insurance coverage for abortions.

 

2.      Applies the verification requirement concerning admitting privileges to physicians who are required to be available.

 

Amendments Adopted by House of Representatives

 

1.      Adds the requirement for the physician who is to perform the abortion to provide the woman with certain information at least 24 hours before the abortion.

 

2.      Requires the DHS website to include specified information on the potential ability to reverse a medication abortion.

 

3.      Exempts a physician’s personally identifiable information and any records kept regarding the physician’s admitting privileges from being made available to the public.

4.      Makes technical changes.

 

Senate Action                                                             House Action

 

HHS                2/11/15     DP     4-3-0                                    FSR                 3/11/15     DPA     5-3-0

3rd Read           2/19/15               17-12-1                     3rd Read           3/23/15                  33-24-3

 

Prepared by Senate Research

March 24, 2015

EM/JK/ls