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S. 154 (113th): Preventing the Offering of Elective Coverage of Taxpayer-Funded-Abortion Act of 2013

The text of the bill below is as of Jan 24, 2013 (Introduced).



1st Session

S. 154


January 24 (legislative day, January 3), 2013

(for himself, Mr. Thune, Mr. Paul, Mr. Johnson of Wisconsin, Mr. Inhofe, Mr. Boozman, Mr. Grassley, Mr. Risch, Mr. Wicker, Mr. Vitter, and Mr. Roberts) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions


To amend title I of the Patient Protection and Affordable Care Act to ensure that the coverage offered under multi-State qualified health plans offered in Exchanges is consistent with the Federal abortion funding ban.


Short title

This Act may be cited as the Preventing the Offering of Elective Coverage of Taxpayer-Funded-Abortion Act of 2013 or the PROTECT Act .


Consistency with Federal abortion funding ban for coverage under multi-State plans in exchanges


In general

Paragraph (6) of section 1334(a) of the Patient protection and Affordable Care Act (42 U.S.C. 18054(a)(6)) is amended to read as follows:


Consistency with federal abortion funding ban


In general

In entering into contracts under this subsection, the Director shall ensure that no multi-State qualified health plan offered in an Exchange provides for coverage of abortions.



The limitation established in subparagraph (A) shall not apply to an abortion—


if the pregnancy is the result of an act of rape or incest; or


in a case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself.




Section 1303(c) of the Patient Protection and Affordable Care Act (42 U.S.C. 18023(c)) is amended—


in paragraph (1), by striking Nothing in this Act and inserting Subject to paragraph (4), nothing in this Act; and


by adding at the end the following:


Application of limitation for multi-state plans

Paragraph (6) of section 1334(a) shall preempt any State law requiring coverage of or funding for abortions with respect to the application of such law to multi-State qualified health plans.