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‘‘(i) ABORTIONS
FOR
WHICH
PUBLIC 
FUNDING IS PROHIBITED.—The services de-
scribed in this clause are abortions for 
which the expenditure of Federal funds ap-
propriated 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 de-
scribed in this clause are abortions for 
which the expenditure of Federal funds ap-
propriated 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
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HR 3590 EAS/PP 
following for purposes of paying for such serv-
ices: 
‘‘(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 reduc-
tion under section 1412 of the Patient Pro-
tection and Affordable Care Act). 
‘‘(B) ESTABLISHMENT OF ALLOCATION AC-
COUNTS.—In the case of a plan to which sub-
paragraph (A) applies, the issuer of the plan 
shall— 
‘‘(i) collect from each enrollee in the 
plan (without regard to the enrollee’s age, 
sex, or family status) a separate payment 
for each of the following: 
‘‘(I) an amount equal to the por-
tion of the premium to be paid directly 
by the enrollee for coverage under the 
plan of services other than services de-
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HR 3590 EAS/PP 
scribed in paragraph (1)(B)(i) (after 
reduction for credits and cost-sharing 
reductions described in subparagraph 
(A)); and 
‘‘(II) an amount equal to the ac-
tuarial value of the coverage of services 
described in paragraph (1)(B)(i), and 
‘‘(ii) shall deposit all such separate 
payments into separate allocation accounts 
as provided in subparagraph (C). 
In the case of an enrollee whose premium for 
coverage under the plan is paid through em-
ployee payroll deposit, the separate payments re-
quired under this subparagraph shall each be 
paid by a separate deposit. 
‘‘(C) SEGREGATION OF FUNDS.— 
‘‘(i) IN
GENERAL.—The issuer of a 
plan to which subparagraph (A) applies 
shall establish allocation accounts described 
in 
clause 
(ii) 
for 
enrollees 
receiving 
amounts described in subparagraph (A). 
‘‘(ii) 
ALLOCATION
ACCOUNTS.—The 
issuer of a plan to which subparagraph (A) 
applies shall deposit—
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‘‘(I) all payments described in 
subparagraph (B)(i)(I) into a separate 
account that consists solely of such 
payments and that is used exclusively 
to pay for services other than services 
described in paragraph (1)(B)(i); and 
‘‘(II) all payments described in 
subparagraph (B)(i)(II) into a sepa-
rate account that consists solely of such 
payments and that is used exclusively 
to pay for services described in para-
graph (1)(B)(i). 
‘‘(D) ACTUARIAL VALUE.— 
‘‘(i) IN
GENERAL.—The issuer of a 
qualified health plan shall estimate the 
basic per enrollee, per month cost, deter-
mined on an average actuarial basis, for in-
cluding coverage under the qualified health 
plan of the services described in paragraph 
(1)(B)(i). 
‘‘(ii) CONSIDERATIONS.—In making 
such estimate, the issuer— 
‘‘(I) may take into account the 
impact on overall costs of the inclusion 
of such coverage, but may not take into