Page:United States Statutes at Large Volume 124.djvu/925

124 STAT. 899 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(i) IN GENERAL.—Subject to clause (ii), State health insurance commissioners shall ensure that health plans comply with the segregation requirements in this subsection through the segregation of plan funds in accordance with applicable provisions of generally accepted accounting requirements, circulars on funds management of the Office of Management and Budget, and guidance on accounting of the Government Accountability Office. ‘‘(ii) CLARIFICATION.—Nothing in clause (i) shall prohibit the right of an individual or health plan to appeal such action in courts of competent jurisdiction. ‘‘(3) RULES RELATING TO NOTICE.— ‘‘(A) NOTICE.—A qualified health plan that provides for coverage of the services described in paragraph (1)(B)(i) shall provide a notice to enrollees, only as part of the summary of benefits and coverage explanation, at the time of enrollment, of such coverage. ‘‘(B) RULES RELATING TO PAYMENTS.—The notice described in subparagraph (A), any advertising used by the issuer with respect to the plan, any information pro- vided by the Exchange, and any other information specified by the Secretary shall provide information only with respect to the total amount of the combined payments for services described in paragraph (1)(B)(i) and other services covered by the plan. ‘‘(4) NO DISCRIMINATION ON BASIS OF PROVISION OF ABOR- TION.—No qualified health plan offered through an Exchange may discriminate against any individual health care provider or health care facility because of its unwillingness to provide, pay for, provide coverage of, or refer for abortions ‘‘(c) APPLICATION OF STATE AND FEDERAL LAWS REGARDING ABORTION.— ‘‘(1) NO PREEMPTION OF STATE LAWS REGARDING ABOR- TION.—Nothing in this Act shall be construed to preempt or otherwise have any effect on State laws regarding the prohibi- tion of (or requirement of) coverage, funding, or procedural requirements on abortions, including parental notification or consent for the performance of an abortion on a minor. ‘‘(2) NO EFFECT ON FEDERAL LAWS REGARDING ABORTION.— ‘‘(A) IN GENERAL.—Nothing in this Act shall be con- strued to have any effect on Federal laws regarding— ‘‘(i) conscience protection; ‘‘(ii) willingness or refusal to provide abortion; and ‘‘(iii) discrimination on the basis of the willingness or refusal to provide, pay for, cover, or refer for abortion or to provide or participate in training to provide abor- tion. ‘‘(3) NO EFFECT ON FEDERAL CIVIL RIGHTS LAW.—Nothing in this subsection shall alter the rights and obligations of employees and employers under title VII of the Civil Rights Act of 1964. ‘‘(d) APPLICATION OF EMERGENCY SERVICES LAWS.—Nothing in this Act shall be construed to relieve any health care provider from providing emergency services as required by State or Federal law, including section 1867 of the Social Security Act (popularly known as ‘EMTALA’).’’.