ILNews

Certain religious organizations may not have to provide contraceptives

Back to TopCommentsE-mailPrintBookmark and Share

Religious employers – primarily churches and other non-profits – will no longer have to provide contraceptive coverage if they have religious objections under the Patient Protection and Affordable Care Act if proposed amendments by the U.S. Department of Health and Human Services are implemented.

The department released the notice of proposed rulemaking filed Friday, seeking comment on the proposals by April 8. Under the proposed accommodations, the eligible organizations wouldn’t have to pay, contract or arrange for any contraceptive coverage if they object on religious grounds. But plan participants would receive contraceptive coverage through a separate individual health insurance policy without cost sharing or additional premiums, according to HHS.

The rules are available for viewing here.

The PPACA, enacted in March 2010, requires non-grandfathered group health plans and insurance issuers offering non-grandfathered group or individual health insurance coverage to provide certain preventative health services without imposing cost sharing, which includes preventive care and screening for women. Many religious organizations, such as schools and hospitals, objected to this provision and have filed lawsuits.

For-profit secular businesses have also challenged the requirement in court, but they would not be exempted from providing these areas of coverage under the mandate issued last week. The federal agencies involved in these rule changes say that the religious accommodations in related areas of federal law, such as the exemption for religious organizations under Title VII of the Civil Rights Act of 1964, are only available to nonprofit religious organizations.

A lawsuit filed by the University of Notre Dame last year challenging the requirement under the PPACA was dismissed in January in federal court.

On Jan. 30, however, the 7th Circuit Court of Appeals held that a private, secular company in southern Indiana does not have to provide its employees contraceptive and other coverage that conflict with the employer’s Catholic beliefs, pending the appeal in the lawsuit. The federal appellate court combined William D. Grote III, et al. v. Kathleen Sebelius, 13-1077, with a similar challenge out of Illinois.

Eligible organizations under this mandate will provide a self-certification to the health insurance issuer, or the organization would notify the third-party administrator in the case of self-insured group health plans, to work with a health insurance company to provide the separate coverage.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

ADVERTISEMENT