Section 376.805

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 376

Effective - 28 Aug 2010   

  376.805.  Elective abortion to be by optional rider and requires additional premium — elective abortion defined — health insurance exchanges not to offer coverage for elective abortions. — 1.  No health insurance contracts, plans, or policies delivered or issued for delivery in the state shall provide coverage for elective abortions except by an optional rider for which there must be paid an additional premium.  For purposes of this section, an "elective abortion" means an abortion for any reason other than a spontaneous abortion or to prevent the death of the female upon whom the abortion is performed.

  2.  Subsection 1 of this section shall be applicable to all contracts, plans or policies of:

  (1)  All health insurers subject to this chapter; and

  (2)  All nonprofit hospital, medical, surgical, dental, and health service corporations subject to chapter 354; and

  (3)  All health maintenance organizations.

  3.  No health insurance exchange established within this state or any health insurance exchange administered by the federal government or its agencies within this state shall offer health insurance contracts, plans, or policies that provide coverage for elective abortions, nor shall any health insurance exchange operating within this state offer coverage for elective abortions through the purchase of an optional rider.

  4.  This section shall be applicable only to contracts, plans or policies written, issued, renewed or revised after September 28, 1983.  For the purposes of this subsection, if new premiums are charged for a contract, plan or policy, it shall be determined to be a new contract, plan or policy.

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(L. 1983 S.B. 222 § 1, A.L. 2010 S.B. 793)

(1992)  Where statute prohibits insurance coverage for elective abortion unless coverage is provided in optional rider with separate premium, it does not impose an undue burden on a woman's abortion decision and it is rationally related to Missouri's interest in protecting the interest of citizens who object to subsidizing abortions through payment of their insurance premiums.  Coe v. Melahn, 958 F.2d 223 (8th Cir.).