Catholic bishops threaten lawsuit to block HHS contraceptive rule
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WASHINGTON—Unless federal regulators reverse course or Congress intervenes, the organization representing Catholic bishops says it will sue to stop implementation of a final Department of Health and Human Services rule that will require health insurance coverage of prescription contraceptives.
Under those regulations, full coverage—with no copayments or other cost-sharing requirements—will have to be offered by group health care plans for plan years starting on or after Aug. 1, 2012.
In the case of nonprofit affiliates of religious organizations, such as universities and health care systems, the regulation requires that affiliates' health insurers offer the coverage at no cost. That part of the regulation would apply for plan years starting on or after Aug. 1, 2013.
The administration also is developing a rule that would apply to religious organizations' affiliates that self-insure their health care plans.
But the Office of the General Counsel of the U.S. Conference of Catholic Bishops in Washington says the mandate “represents an unprecedented violation of religious liberty by the federal government.”
In comments submitted Tuesday to HHS, the bishops say the requirement, as applied to those with a religious objection to contraceptive coverage, violates the First Amendment of the U.S. Constitution, as well as several federal laws.
“Absent prompt congressional attention to this infringement of fundamental civil liberties, we believe the only recourse, in light of the approaching deadlines, is in the courts,” according to the letter.
While the “best solution” would be for HHS to rescind the requirement, an acceptable alternative would be one in which those who object to offering the coverage would be exempted from the mandate, according to the comment letter.
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