Proposed Amendment to HHS Regulation

Coverage of Certain Preventive Services Under the Affordable Care Act

Introduction:

The Obama administration has decided that, as a matter of public policy, individual women should not have to pay for “FDA approved contraceptive services,” which include surgical sterilization, contraceptives, and embryocides.  The reasons offered for this policy are mainly economic and socio-political.

A regulation was written by the U.S. Department of Health and Human Services for this purpose. The regulation requires all group health care plans (the kind of plan usually offered by businesses or oganizations) to offer coverage and fully pay for “preventive services” identified in Section 147.130 (reproduced below, in part).  Businesses with 50 or more employees must offer such coverage by 2014, or face penalties. Health insurance issuers (like insurance companies) must also make available group and individual plans that fully pay for “preventive services.”

The regulation sparked widespread protests and opposition from religious groups and, as of February, 2013, had generated 47 lawsuits launched by over 130 plaintiffs.  11 of 14 federal courts hearing the suits issued temporary injunctions to protect plaintiffs against the regulation.

In response, the Obama administration has issued proposed amendments to the regulation.

Update on American HHS birth control mandate controversy: January, 2013

The American Center for Law and Justice (ACLJ) has filed a lawsuit against the regulation on behalf of two Ohio companies [Lifenews]. A U.S. District Judge has dismissed suits  filed by the Archdiocese of Washington and four other Catholic nonprofit groups on the grounds that the suits are premature [Bloomberg] Lawsuits filed by Colorado Christian University and Notre Dame University in Indiana have also been dismissed [The Coloradoan; First Things].  The Catholic diocese of Nashville, Tennessee and seven other groups in the state are appealing a lower court ruling against them[The Tennessean].  In Illinois, a temporary injunction has been granted against state legislation that is similar to the HHS regulation because the state’s Religious Freedom Restoration Act and Health Care Right of Conscience Act [Georgia Bulletin].  However, the U.S. federal government is appealing a decision to grant a temporary injunction against the HHS regulation to Tyndale House Publishers Inc. of Illinois [Bloomberg].A temporary injunction against the HHS regulation has been granted to a Missouri company, Sharpe Holdings Inc., the third such injunction granted in the state [St. Louis Beacon].    Virginia Attorney General Ken Cuccinelli attracted criticism because of his remarks to the effect that the nature of the HHS regulation will only become apparent if people go to jail for refusing to obey it [Reason.com]

For a map and up-to-date overview of lawsuits filed against the U.S. Department of Health and Human Services, see the Becket Fund’s HHS Information Central.

Confronting Conscientious Objection

Engaging Bioethics
The Hoya, 31 January, 2013
Reproduced with permission

Maggie Little*

Conscientious objection. . . is not something lightly invoked. Its legitimate exercise brings with it strong obligations. Objecting providers must disclose their limitations early and often to minimize patient burdens. And they must convey those restrictions with compassion and respect. . . . The very premise of protecting conscientious refusal, after all, is that deeply good and reasonable people disagree on the issue. . .  Full Text

Obama ‘freedom to worship’ assaults First Amendment

 Freedom of religion not just for private expression

28 January, 2013
Washington Times

Jonathan Imbody*

President Obama marked Religious Freedom Day earlier this month by framing religious liberty as “the freedom to worship as we choose.” If the president had not been restricting and attacking religious freedom so egregiously, he might merit a pass for using “freedom to worship” as poor shorthand for religious liberty.

The First Amendment of our Constitution actually reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The constitutionally guaranteed free exercise of religion in America extends well beyond the freedom to worship. It includes the freedom to live out our conscientiously held beliefs. . . [Read on]

 

Canary in the Coal Mine: Mounting Religious Restrictions in Europe

Religious Freedom Project
Berkley Center for Religion, Peace and World Affairs

Roger Trigg

On January 15, 2013, the European Court of Human Rights issued judgments on four cases of great significance for the cause of religious freedom. What they say could well have repercussions beyond Europe itself. . .

These four cases all came from the United Kingdom, and concerned the place of religion, and a religiously formed conscience, in modern European society. . . The point of principle at stake is how much importance should be given publically to religiously based principles, particularly in societies that are growing increasingly secular. [Read on]