1.1                          A bill for an act 
  1.2             relating to public employees; prohibiting coverage of 
  1.3             elective abortion; amending Minnesota Statutes 1996, 
  1.4             sections 43A.23, subdivision 2; 471.61, by adding a 
  1.5             subdivision; and 471.617, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [POLICY.] 
  1.8      The legislature is enacting sections 2 to 4 in response to, 
  1.9   and in support of, the actions taken by the St. Cloud city 
  1.10  council in prohibiting elective abortion coverage in health 
  1.11  plans covering city employees and urging the legislature to do 
  1.12  the same. 
  1.13     The legislature finds that it is appropriate state policy 
  1.14  to prohibit elective abortion coverage for state and local 
  1.15  government employees so that tax dollars are not used to provide 
  1.16  such coverage. 
  1.17     Sec. 2.  Minnesota Statutes 1996, section 43A.23, 
  1.18  subdivision 2, is amended to read: 
  1.19     Subd. 2.  [CONTRACT TO CONTAIN STATEMENT OF BENEFITS.] Each 
  1.20  contract under sections 43A.22 to 43A.30 shall contain a 
  1.21  detailed statement of benefits offered and shall include any 
  1.22  maximums, limitations, exclusions, and other definitions of 
  1.23  benefits the commissioner deems necessary or desirable.  Each 
  1.24  hospital and medical benefits contract shall provide benefits at 
  1.25  least equal to those required by section 62E.06, subdivision 2.  
  2.1   No coverage provided by the state shall cover elective abortion. 
  2.2   "Elective abortion" means an abortion other than where, in the 
  2.3   professional judgment of the attending physician, which is a 
  2.4   medical judgment that would be made by a reasonably prudent 
  2.5   physician, knowledgeable about the case and the treatment 
  2.6   possibilities with respect to the medical conditions involved, 
  2.7   the life of the female would be endangered or substantial and 
  2.8   irreversible impairment of a major bodily function would result 
  2.9   if the fetus were carried to term; where the pregnancy is the 
  2.10  result of conduct which constitutes criminal sexual conduct in 
  2.11  the first or third degree, and the incident is reported within 
  2.12  48 hours after the victim becomes physically able to report the 
  2.13  rape; or where the pregnancy is the result of incest and the 
  2.14  incident and relative are reported to a valid law enforcement 
  2.15  agency prior to the abortion. 
  2.16     Sec. 3.  Minnesota Statutes 1996, section 471.61, is 
  2.17  amended by adding a subdivision to read: 
  2.18     Subd. 1c.  [ABORTION COVERAGE PROHIBITED.] No coverage 
  2.19  provided under subdivision 1 shall cover elective abortion.  
  2.20  "Elective abortion" means an abortion other than where, in the 
  2.21  professional judgment of the attending physician, which is a 
  2.22  medical judgment that would be made by a reasonably prudent 
  2.23  physician, knowledgeable about the case and the treatment 
  2.24  possibilities with respect to the medical conditions involved, 
  2.25  the life of the female would be endangered or substantial and 
  2.26  irreversible impairment of a major bodily function would result 
  2.27  if the fetus were carried to term; where the pregnancy is the 
  2.28  result of conduct which constitutes criminal sexual conduct in 
  2.29  the first or third degree, and the incident is reported within 
  2.30  48 hours after the victim becomes physically able to report the 
  2.31  rape; or where the pregnancy is the result of incest and the 
  2.32  incident and relative are reported to a valid law enforcement 
  2.33  agency prior to the abortion. 
  2.34     Sec. 4.  Minnesota Statutes 1996, section 471.617, 
  2.35  subdivision 1, is amended to read: 
  2.36     Subdivision 1.  [IF MORE THAN 100 EMPLOYEES; CONDITIONS.] A 
  3.1   statutory or home rule charter city, county, school district, or 
  3.2   instrumentality thereof which has more than 100 employees, may 
  3.3   by ordinance or resolution self-insure for any employee health 
  3.4   benefits including long-term disability, but not for employee 
  3.5   life benefits.  Any self-insurance plan shall provide all 
  3.6   benefits which are required by law to be provided by group 
  3.7   health insurance policies.  Self-insurance plans shall be 
  3.8   certified as provided by section 62E.05.  A self-insurance plan 
  3.9   must not provide coverage prohibited by section 471.61, 
  3.10  subdivision 1c. 
  3.11     Sec. 5.  [EFFECTIVE DATE.] 
  3.12     Sections 2 to 4 are effective January 1, 1998, and apply to 
  3.13  all coverage issued or renewed on or after that date.