376.805. Elective abortion to be by optional rider and requires additional premium--elective abortion defined.
Elective abortion to be by optional rider and requires additionalpremium--elective abortion defined.
376.805. 1. No health insurance contracts, plans, orpolicies delivered or issued for delivery in the state shallprovide coverage for elective abortions except by an optionalrider for which there must be paid an additional premium. Forpurposes of this section, an "elective abortion" means anabortion for any reason other than a spontaneous abortion or toprevent the death of the female upon whom the abortion isperformed.
2. This section shall be applicable to all contracts, plansor policies of:
(1) All health insurers subject to this chapter; and
(2) All nonprofit hospital, medical, surgical, dental, andhealth service corporations subject to chapter 354, RSMo; and
(3) All health maintenance organizations.
3. This section shall be applicable only to contracts, plansor policies written, issued, renewed or revised, after September28, 1983. For the purposes of this subsection, if new premiumsare charged for a contract, plan or policy, it shall bedetermined to be a new contract, plan or policy.
(L. 1983 S.B. 222 § 1)(1992) Where statute prohibits insurance coverage for elective abortion unless coverage is provided in optional rider with separate premium, it does not impose an undue burden on a woman's abortion decision and it is rationally related to Missouri's interest in protecting the interest of citizens who object to subsidizing abortions through payment of their insurance premiums. Coe v. Melahn, 958 F.2d 223 (8th Cir.).