124 STAT. 897 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(1) IN GENERAL.—A State may elect to prohibit abortion coverage in qualified health plans offered through an Exchange in such State if such State enacts a law to provide for such prohibition. ‘‘(2) TERMINATION OF OPT OUT.—A State may repeal a law described in paragraph (1) and provide for the offering of such services through the Exchange. ‘‘(b) SPECIAL RULES RELATING TO COVERAGE OF ABORTION SERV- ICES.— ‘‘(1) VOLUNTARY CHOICE OF COVERAGE OF ABORTION SERV- ICES.— ‘‘(A) IN GENERAL.—Notwithstanding any other provi- sion of this title (or any amendment made by this title)— ‘‘(i) nothing in this title (or any amendment made by this title), shall be construed to require a qualified health plan to provide coverage of services described in subparagraph (B)(i) or (B)(ii) as part of its essential health benefits for any plan year; and ‘‘(ii) subject to subsection (a), the issuer of a quali- fied health plan shall determine whether or not the plan provides coverage of services described in subpara- graph (B)(i) or (B)(ii) as part of such benefits for the plan year. ‘‘(B) ABORTION SERVICES.— ‘‘(i) ABORTIONS FOR WHICH PUBLIC FUNDING IS PROHIBITED.—The services described in this clause are abortions for which the expenditure of Federal funds appropriated for the Department of Health and Human Services is not permitted, based on the law as in effect as of the date that is 6 months before the beginning of the plan year involved. ‘‘(ii) ABORTIONS FOR WHICH PUBLIC FUNDING IS ALLOWED.—The services described in this clause are abortions for which the expenditure of Federal funds appropriated for the Department of Health and Human Services is permitted, based on the law as in effect as of the date that is 6 months before the beginning of the plan year involved. ‘‘(2) PROHIBITION ON THE USE OF FEDERAL FUNDS.— ‘‘(A) IN GENERAL.—If a qualified health plan provides coverage of services described in paragraph (1)(B)(i), the issuer of the plan shall not use any amount attributable to any of the following for purposes of paying for such services: ‘‘(i) The credit under section 36B of the Internal Revenue Code of 1986 (and the amount (if any) of the advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act). ‘‘(ii) Any cost-sharing reduction under section 1402 of the Patient Protection and Affordable Care Act (and the amount (if any) of the advance payment of the reduction under section 1412 of the Patient Protection and Affordable Care Act). ‘‘(B) ESTABLISHMENT OF ALLOCATION ACCOUNTS.—In the case of a plan to which subparagraph (A) applies, the issuer of the plan shall—
