Okla. Stat. tit. 63, § 63-1-741.3: Patient Protection and Affordable Care Act - Qualified

insurance plans - Elective abortion prohibited.

A. Pursuant to the Patient Protection and Affordable Care Act,

P.L. 111-148, all qualified health plans offered through an Exchange

established in the state are prohibited from including elective

abortion coverage. Nothing in this section shall be construed as

preventing anyone from purchasing optional supplemental coverage for

elective abortions for which there must be paid a separate premium

in accordance with subsection D of this section in the health

insurance market outside of the Exchange.

B. No health plan, including health insurance contracts, plans

or policies, offered outside of an Exchange, but within the state,

shall provide coverage for elective abortions except by optional

separate supplemental coverage for abortion for which there must be

paid a separate premium in accordance with subsection D of this

section.

C. For purposes of this section, “elective abortion” means an

abortion for any reason other than to prevent the death of the

mother upon whom the abortion is performed; provided, however, that

an abortion may not be deemed one to prevent the death of the mother

based on a claim or diagnosis that she will engage in conduct which

will result in her death.

D. The issuer of any health plan providing elective abortion

coverage shall:

1. Calculate the premium for such coverage so that it fully

covers the estimated cost of covering elective abortions per

enrollee as determined on an average actuarial basis. In

calculating such premium, the issuer of the plan shall not take into

account any cost reduction in any health plan covering an enrollee

estimated to result from the provision of abortion coverage,

including prenatal care, delivery or postnatal care;

2. If the enrollee is enrolling in a health plan providing any

other coverage at the same time as the enrollee is enrolling in a

plan providing elective abortion coverage, require a separate

signature, distinct from that to enroll in the health plan providing

other coverage, in order to enroll in the separate supplemental plan

providing elective abortion coverage; and

3. Provide a notice to enrollees at the time of enrollment

that:

a. specifically states the cost of the separate premium

for coverage of elective abortions distinct and apart

from the cost of the premium for any health plan

providing any other coverage in any health plan

covering an enrollee,

b. states that enrollment in elective abortion coverage

is optional, and

c. if the enrollee is enrolling in a health plan

providing any other coverage at the same time as the

enrollee is enrolling in a plan providing elective

abortion coverage, states that the enrollee may choose

to enroll in the plan providing other coverage without

enrolling in the plan providing elective abortion

coverage.

E. The issuer of any health plan providing any coverage other

than elective abortion shall not discount or reduce the premium for

such coverage on the basis that an enrollee has elective abortion

coverage.

F. Any employer who offers employees a health plan providing

elective abortion coverage shall, at the time of beginning

employment and at least once in each calendar year thereafter,

provide each employee the option to choose or reject the separate

supplemental elective abortion coverage.

G. Any entity offering a group health plan providing separate

supplemental elective abortion coverage, other than employers

offering such a plan to their employees, shall, at the time each

group member begins coverage and at least once in each calendar year

thereafter, provide each group member the option to choose or reject

the separate supplemental elective abortion coverage.

H. Nothing in this section shall be construed to apply in

circumstances in which federal law preempts state health insurance

regulation.