Supreme Court looks to weigh compromise on contraceptives
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The U.S. Supreme Court on Tuesday laid out a possible compromise involving the Affordable Care Act’s prescription contraceptive coverage mandate.
In a one-and-one-half page order, the justices asked religious nonprofit organizations that object to any involvement with the ACA mandate and government agencies defending the law to provide suggestions to allow employees to obtain contraceptives but “not require any involvement of petitioners,” meaning the religious organizations.
The organizations sued to challenge the U.S. Department of Health and Human Services rules requiring them to notify their insurers or third-party administrators of their objections to providing coverage, with the insurers or TPAs then providing the coverage.
The nonprofits, which made their arguments orally earlier this month, said that required them to be complicit in providing contraceptives to their employees — an act they believe is in violation of their faith.
“The parties should consider a situation in which petitioners would contract to provide health insurance for their employees, and in the course of obtaining such coverage inform their insurance company that they do not want their health plan to include contraceptive coverage of the type to which they object on religious grounds,” the high court said in its order.
Under that approach, the religious organizations would not have to provide a separate notice to their insurers, while the insurers would notify the organizations’ employees that the insurers would provide cost-free coverage.
The Supreme Court asked for comments to be submitted by April 13, with reply briefs due April 20.
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