Nebraska § 44-8402 Legislative findings

Nebraska Statutes

§ 44-8402 — Legislative findings

Nebraska·Ch. 44 Insurance

(1)The Legislature finds that:

(a)In the federal Patient Protection and Affordable Care Act, Public Law 111-148, federal tax dollars are routed via affordability credits to qualified health insurance plans offered through a health insurance exchange created under the act, including plans that provide coverage for abortion;

(b)Federal funding for health insurance plans that cover abortions is prohibited by the federal statutory restriction commonly known as the Hyde Amendment and the Federal Employees Health Benefits Program established under Chapter 89 of Title 5 of the United States Code, as amended;

(c)Section 1303 of the federal Patient Protection and Affordable Care Act explicitly permits each state to pass laws prohibiting qualified health insurance plans offered through a health

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(1) The Legislature finds
that:
(a) In the federal Patient
Protection and Affordable Care Act, Public Law 111-148, federal tax dollars
are routed via affordability credits to qualified health insurance plans offered
through a health insurance exchange created under the act, including plans
that provide coverage for abortion;
(b) Federal funding for health insurance plans that
cover abortions is prohibited by the federal statutory restriction commonly
known as the Hyde Amendment and the Federal Employees Health Benefits Program
established under Chapter 89 of Title 5 of the United States Code, as amended;
(c) Section 1303 of the
federal Patient Protection and Affordable Care Act explicitly permits each
state to pass laws prohibiting qualified health insurance plans offered through
a health insurance exchange created under the act in such state from offering
abortion coverage. Such section allows a state to prohibit the use of public
funds to subsidize health insurance plans that cover abortions within the
state;
(d)
The laws of the State of Nebraska provide that group health insurance plans
or health maintenance agreements paid for with public funds shall not cover
abortion unless necessary to prevent the death of the woman;
(e) Rust v. Sullivan,
500 U.S. 173 (1991), states that it is permissible for a state to engage in
unequal subsidization of abortion and other medical services to encourage
alternative activity deemed in the public interest; and
(f) A majority of the
citizens of the State of Nebraska, like other Americans, oppose the use of
public funds, both federal and state, to pay for abortions.
(2) Based on the findings
in subsection (1) of this section, it is the purpose of the Mandate Opt-Out
and Insurance Coverage Clarification Act to affirmatively opt out of allowing
qualified health insurance plans that cover abortions to participate in health
insurance exchanges within the State of Nebraska. Further, it is also the
purpose of the act to limit the coverage of abortion in all health insurance
plans, contracts, or policies delivered or issued for delivery in the State
of Nebraska.