READ FIRST TIME 01/31/12.   

     AN ACT Relating to preserving health insurance coverage for the voluntary termination of a pregnancy by requiring health plans issued on or after June 7, 2012, that provide coverage for maternity care or services to provide a covered person with substantially equivalent coverage to permit the voluntary termination of a pregnancy, by prohibiting a health plan from limiting in any way a woman's access to services related to the voluntary termination of a pregnancy other than terms and conditions generally applicable to the health plan's coverage of maternity care or services including applicable cost sharing, by not limiting in any way a woman's constitutionally or statutorily protected right to voluntarily terminate a pregnancy, by clarifying that health plans are not required to cover abortions that would be unlawful under RCW 9.02.120, and by providing an exemption for a multistate plan that does not cover the voluntary termination of pregnancies under federal law; adding a new section to chapter 48.43 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 48.43 RCW to read as follows:
     (1) Except as provided in subsection (5) of this section, if a health plan issued or renewed on or after the effective date of this section provides coverage for maternity care or services, the health plan must also provide a covered person with substantially equivalent coverage to permit the voluntary termination of a pregnancy.
     (2)(a) Except as provided in (b) of this subsection, a health plan subject to subsection (1) of this section may not limit in any way a woman's access to services related to the voluntary termination of a pregnancy.
     (b)(i) Coverage for the voluntary termination of a pregnancy may be subject to terms and conditions generally applicable to the health plan's coverage of maternity care or services, including applicable cost sharing.
     (ii) A health plan is not required to cover abortions that would be unlawful under RCW 9.02.120.
     (3) Nothing in this section may be interpreted to limit in any way a woman's constitutionally or statutorily protected right to voluntarily terminate a pregnancy.
     (4) This section does not, pursuant to 42 U.S.C. Sec. 18054(a)(6), apply to a multistate plan that does not provide coverage for the voluntary termination of a pregnancy.
     (5) This section does not apply to a health plan if the application of this section to the plan would result in noncompliance with the consolidated appropriations act, 2012, P.L. 112-74, division F, section 508(d) (December 23, 2011) as readopted or incorporated by reference in any applicable appropriations act.

NEW SECTION.  Sec. 2   It is the intent of the legislature that nothing in this act affect the right of objection based on conscience or religion as set out in RCW 48.43.065 or 70.47.160.