Irin Carmon: White House Issues New Fix For Contraceptive Coverage
The Obama administration has issued a new set of rules to provide contraceptive access to women whose employers object to their insurance plans covering birth control, which is required under the Affordable Care Act. The new policies are intended to fill gaps left by two Supreme Court moves: The landmark Hobby Lobby decision saying contraceptive coverage violated the religious liberty of a for-profit corporation, and a preliminary order in Wheaton College v. Burwell. With today’s regulations, employees of for-profit corporations like Hobby Lobby will be able to access an “accommodation” where the insurer directly provides the cost-free coverage with no financial involvement by the employer. That accommodation was originally limited to religiously-affiliated nonprofits like Little Sisters of the Poor; houses of worship are fully exempt.
BREAKING: The Obama Administration just announced new rules to ensure women have access to birth control coverage: on.msnbc.com/1toydbB
For nonprofits like Wheaton College that object to even that accommodation – which involves them signing a form to their insurer – the Obama administration has created a new accommodation to the accommodation. “The rules, which are in response to recent court decisions, balance our commitment to helping ensure women have continued access to coverage for preventive services important to their health, with the Administration’s goal of respecting religious beliefs,” Health and Human Services Secretary Sylvia Burwell said. For the non-profits that object to the form – arguing that signing it triggers the very birth control coverage they oppose – the new rule allows those employers to write to HHS directly, instead of filling out the form. The Supreme Court first suggested the letter-writing option, and so far the litigants have accepted it. But there was some dispute among legal scholars before about whether the letter would result in actual coverage for the women who worked at those companies. The new rule clarifies that it does.