Ohio § 9.04

§ 9.04.

(A) As used in this section: (1) “ Nontherapeutic abortion ” means an abortion that is performed or induced when the life of the mother would

not be endangered if the fetus were carried to term or when the pregnancy of the mother

was not the result of rape or incest reported to a law enforcement agency. (2) “ Policy, contract, or plan ” means a policy, contract, or plan of one or more insurance companies, medical care

corporations, health care corporations, health maintenance organizations, preferred

provider organizations, or other entities that provides health, medical, hospital,

or surgical coverage, benefits, or services to elected or appointed officers or employees

of the state or any political subdivision thereof.  “Policy, contract, or plan” includes a plan that is associated with a self-insurance

program and a policy, contract, or plan that implements a collective bargaining agreement. (3) “ Political subdivision ” means any body corporate and politic that is responsible for governmental activities

in a geographic area smaller than the state, except that “political subdivision” does

not include either of the following: (a) A municipal corporation; (b) A county that has adopted a charter under Section 3 of Article X, Ohio Constitution , to the extent that it is exercising the powers of local self-government as provided

in that charter and is subject to Section 3 of Article XVIII, Ohio Constitution . (4) “ State ” means the state of Ohio, including the general assembly, the supreme court, the

offices of all elected state officers, and all departments, boards, offices, commissions,

agencies, colleges and universities, institutions, and other instrumentalities of

the state of Ohio.  “State” does not include political subdivisions. (B) Subject to division (C) of this section, but notwithstanding other provisions of

the Revised Code that conflict with the prohibition specified in this division, funds

of the state or any political subdivision thereof shall not be expended directly or

indirectly to pay the costs, premiums, or charges associated with a policy, contract,

or plan if the policy, contract, or plan provides coverage, benefits, or services

related to a nontherapeutic abortion. (C) Division (B) of this section does not preclude the state or any political subdivision

thereof from expending funds to pay the costs, premiums, or charges associated with

a policy, contract, or plan that includes a rider or other provision offered on an

individual basis under which an elected or appointed official or employee who accepts

the offer of the rider or provision may obtain coverage of a nontherapeutic abortion

through the policy, contract, or plan if the individual pays for all of the costs,

premiums, or charges associated with the rider or provision, including all administrative

expenses related to the rider or provision and any claim made for a nontherapeutic

abortion. (D) In addition to the laws specified in division (A) of section 4117.10 of the Revised Code that prevail over conflicting provisions of agreements between employee organizations

and public employers, divisions (B) and (C) of this section shall prevail over conflicting

provisions of that nature.