31A-22-726. Abortion coverage restriction in health benefit plan and on health insurance exchange.
(1)
As used in this section, “permitted abortion coverage” means coverage for abortion:
Terms Used In Utah Code 31A-22-726
Health benefit plan: means a policy, contract, certificate, or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care, including major medical expense coverage. See Utah Code 31A-1-301
a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
(ii)
a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
(iii)
a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
Person: includes :
(a)
an individual;
(b)
a partnership;
(c)
a corporation;
(d)
an incorporated or unincorporated association;
(e)
a joint stock company;
(f)
a trust;
(g)
a limited liability company;
(h)
a reciprocal;
(i)
a syndicate; or
(j)
another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
(a)
that is necessary to avert:
(i)
the death of the woman on whom the abortion is performed; or
(ii)
a serious risk of substantial and irreversible impairment of a major bodily function of the woman on whom the abortion is performed;
(b)
of a fetus that has a defect that is documented by a physician or physicians to be uniformly diagnosable and uniformly lethal; or
A person may not offer coverage for an abortion in a health benefit plan, unless the coverage is a type of permitted abortion coverage.
(3)
A person may not offer a health benefit plan that provides coverage for an abortion in a health insurance exchange created under the federal Patient Protection and Affordable Care Act, 111 P.L. 148, unless the coverage is a type of permitted abortion coverage.
Amended by Chapter 189, 2019 General Session Amended by Chapter 193, 2019 General Session
