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House approves second substitute for HB354 to bar insurance coverage of elective abortions in exchanges

Utah House of Representatives · March 7, 2011
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Summary

The Utah House adopted a second substitute to House Bill 354, specifying that state insurers need not cover elective abortion in federal or state insurance exchanges; the measure passed 57–13 and will go to the Senate after a contested floor debate over benefits and statutory language.

The Utah House on March 7 approved Second Substitute House Bill 354, a measure that clarifies the state’s ability to opt out of requiring insurance coverage for elective abortions in federal or state exchanges. The bill passed 57–13 and will be transmitted to the Senate for consideration.

Supporters said the second substitute fixes ambiguities between federal exchange rules and state law and aligns the bill’s language with existing Title 31A code sections. Representative Clark, who offered the second substitute, told colleagues the change separates federal and state exchange concepts and applies consistent requirements to insurers both inside and outside the exchange so Utah’s opt‑out authority is preserved.

Opponents warned that the substitute could remove existing benefits. Representative Whitbeck asked whether the amendment would eliminate coverage that some insurers currently provide; sponsors responded that, to their knowledge, no Utah insurer presently offers elective abortion coverage and that the bill retains coverage in narrow circumstances (for example, cases already authorized under Utah law such as rape, incest or where a pregnancy threatens the health of the mother).

The floor also debated statutory phrasing in lines 33–40 of the substitute. Sponsors said much of that language reflects existing Utah law adopted roughly two years earlier and confirmed by legal counsel; they pointed to statutory terms such as a fetus that is “uniformly diagnosable and uniformly lethal” as already present in state statutes that define permissible coverage exceptions.

Opponents framed the measure as an ideologically driven restriction that intrudes into private insurance practices. One member urged colleagues to reject a policy that would dictate what insurers may offer on the market, calling it inconsistent with a free‑market philosophy. Sponsors countered that the intent is to prevent public dollars and premium subsidies in exchanges from being used to subsidize elective abortions.

After debate and a voice substitution vote on the floor, the Clerk announced the final roll call: Second Substitute HB354 passed the House, 57 yes to 13 no. The bill will be transmitted to the Senate.

The House’s action does not immediately change private insurer offerings in Utah unless federal health‑care rules take effect; sponsors and some members noted the bill would be significant only if the federal exchange structure triggers the opt‑out provisions spelled out in the measure.