The Obama administration is developing a method for religious organizations opposed to contraception coverage under the Affordable Care Act to opt out of providing the coverage in their health plans without filling out a form. That is the gist of a brief filed on Tuesday in the U.S. Court of Appeals by the Justice Department.
Religious non-profits that do not want to provide free contraception to their workers can opt-out by submitting a Form 700 stating their religious objection to contraception. Insurance companies can then use the form to provide free contraception to workers and get tax credits from the government in return. However, some religious organizations have objected to filling out the form because they argue it amounts to an acknowledgment of a system they say goes against their religious beliefs.
As a result, the Obama administration intends to augment its regulations to provide an alternative way for such religious organizations to provide notification while ensuring that enrollees in plans of such organizations receive separate coverage of contraceptive services. The new rule is expected within a month.
While the officials provided no further details, they emphasized the regulation will not shift the burden of paying for contraception to the employees. The news comes after the Supreme Court issued an injunction in favor of Wheaton College, an evangelical institution in Illinois that will not have to fill out the third-party form while the high court makes its ruling, which isn’t expected until at least fall.
The Justice Department had argued the college falls under the “accommodation” category cited in the recent Hobby Lobby case which exempts it from directly paying for worker’s contraception. As part of the accommodation, it should be required to fill out the form so third-party insurers can use it to get tax credits.
“The administration believes the accommodation is legally sound but in light of the Supreme Court order regarding Wheaton College, the Departments intend to augment their regulations to provide an alternative way for objecting non-profit religious organizations to provide notification, while ensuring that enrollees in plans of such organizations receive separate coverage of contraceptive services without cost sharing,” said a senior administration official. Read more about the story here.
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