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42 U.S. Code § 18023. Special rules
(a) State opt-out of abortion coverage
(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 services
(1) Voluntary choice of coverage of abortion services
(A) In generalNotwithstanding any other provision of this title [1] (or any amendment made by this title)—
(i)
nothing in this title 1 (or any amendment made by this title),1 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 qualified health plan shall determine whether or not the plan provides coverage of services described in subparagraph (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.