In it, but not of it. TPM DC

GOP Claims Senate Bill Forces Taxpayers To Pay 'Abortion Fee'

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Newscom

(2) PROHIBITION ON THE USE OF FEDERAL
8
FUNDS.--
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(A) IN GENERAL.--If a qualified health
10
plan provides coverage of services described in
11
paragraph (1)(B)(i), the issuer of the plan shall
12
not use any amount attributable to any of the
13
following for purposes of paying for such serv-
14
ices:
15
(i) The credit under section 36B of
16
the Internal Revenue Code of 1986 (and
17
the amount (if any) of the advance pay-
18
ment of the credit under section 1412 of
19
the Patient Protection and Affordable Care
20
Act).
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(ii) Any cost-sharing reduction under
22
section 1402 of thePatient Protection and
23
Affordable Care Act (and the amount (if
24
any) of the advance payment of the reduc-
25
122
O:\BAI\BAI09M01.xml [file 1 of 9] S.L.C.
tion under section 1412 of the Patient
1
Protection and Affordable Care Act).
2
(B) SEGREGATIONOFFUNDS.--In the case
3
of a plan to which subparagraph (A) applies,
4
the issuer of the plan shall, out of amounts not
5
described in subparagraph (A), segregate an
6
amount equal to the actuarial amounts deter-
7
mined under subparagraph (C) for all enrollees
8
from the amounts described in subparagraph
9
(A).
10
(C) ACTUARIAL VALUE OF OPTIONAL
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SERVICECOVERAGE.--
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(i) INGENERAL.--The Secretary shall
13
estimate the basic per enrollee, per month
14
cost, determined on an average actuarial
15
basis, for including coverage under a quali-
16
fied health plan of the services described in
17
paragraph (1)(B)(i).
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(ii) CONSIDERATIONS.--In making
19
such estimate, the Secretary--
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(I) may take into account the im-
21
pact on overall costs of the inclusion
22
of such coverage, but may not take
23
into account any cost reduction esti-
24
mated to result from such services, in-
25
123
O:\BAI\BAI09M01.xml [file 1 of 9] S.L.C.
cluding prenatal care, delivery, or
1
postnatal care;
2
(II) shall estimate such costs as
3
if such coverage were included for the
4
entire population covered; and
5
(III) may not estimate such a
6
cost at less than $1 per enrollee, per
7
month.
8
(3) PROVIDERCONSCIENCEPROTECTIONS.--No
9
individual health care provider or health care facility
10
may be discriminated against because of a willing-
11
ness or an unwillingness, if doing so is contrary to
12
the religious or moral beliefs of the provider or facil-
13
ity, to provide, pay for, provide coverage of, or refer
14
for abortions.
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(b) APPLICATIONOF STATE ANDFEDERAL LAWS
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REGARDINGABORTION.--
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(1) NOPREEMPTIONOFSTATELAWSREGARD-
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INGABORTION.--Nothing in this Act shall be con-
19
strued to preempt or otherwise have any effect on
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State laws regarding the prohibition of (or require-
21
ment of) coverage, funding, or procedural require-
22
ments on abortions, including parental notification
23
or consent for the performance of an abortion on a
24
minor.
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124
O:\BAI\BAI09M01.xml [file 1 of 9] S.L.C.
(2) NOEFFECTONFEDERALLAWSREGARDING
1
ABORTION.--
2
(A) IN GENERAL.--Nothing in this Act
3
shall be construed to have any effect on Federal
4
laws regarding--
5
(i) conscience protection;
6
(ii) willingness or refusal to provide
7
abortion; and
8
(iii) discrimination on the basis of the
9
willingness or refusal to provide, pay for,
10
cover, or refer for abortion or to provide or
11
participate in training to provide abortion.
12
(3) NO EFFECT ON FEDERAL CIVIL RIGHTS
13
LAW.--Nothing in this subsection shall alter the
14
rights and obligations of employees and employers
15
under title VII of the Civil Rights Act of 1964. 4
16

Late update: A Senate Democratic aide said Boehner's claim is false, and sends along some talking points and a study analyzing the results:

PPAC DOES NOT Allow Federal Funds to be Used for Abortion. Tax credits or cost sharing subsidies may not be used for abortions except in cases of rape, incest or if the life of the mother is endangered. Private premiums will be segregated from public funds, and only private premiums could pay for abortion services beyond those permitted by the Hyde, the longstanding federal law governing abortion.

PPAC DOES NOT Require Health Plans to Cover Abortion. No health plan will be required to cover abortions in their benefits package. Just like in today's private insurance market, the Patient Protection and Affordable Care Act will not force or prohibit health plans from covering abortion. And no one will be forced to enroll in a plan that covers abortion services - individuals will be able to choose from a variety of plans in the Exchange which will include both pro-choice and pro-life plans. In the current marketplace, there is no guarantee that a pro-life person can buy a policy that doesn't offer abortion coverage.

PPAC DOES NOT Allow Federal Funds to be used for Abortion in the Public Plan. The Patient Protection and Affordable Care Act will NOT allow the Secretary to make the determination to include coverage of abortions unless it can be determined that NO FEDERAL FUNDS would be used for this purpose. The Secretary may only contemplate abortion coverage in the public plan if there is a guarantee that, consistent with the current policy under Hyde, these services may be covered entirely with private funds.