Birth control compromise issued Friday

  • Follow Your Faith

WASHINGTON — The Obama administration issued its final compromise Friday for religiously affiliated charities, hospitals and other nonprofits that object to covering birth control in their employee health plans.

The Health and Human Services Depart­ment said the final plan simplifies how insurers provide the coverage separately from faith-based groups and gives religious nonprofits more time to comply. However, the changes are unlikely to resolve objections from faith groups that the requirement violates their religious freedom.

More than 60 lawsuits have been filed challenging the rule. The birth-control rule was introduced in February 2012 as part of President Obama’s health care overhaul, drawing praise from women’s groups and condemnation from religious leaders. The original plan exempted churches and other houses of worship, but required faith-affiliated charities, universities and other nonprofits to provide the coverage for their employees.

The regulation became an election-year issue as Roman Catholic bishops, evangelicals and some religious leaders who have generally been supportive of Obama’s policies lobbied fiercely for a broader exemption.

Under the compromise revealed Friday, administration officials said they simplified the definition of religious organizations that are fully exempt. The change means a church that also ran a soup kitchen would not have to comply.

Other religious nonprofits must notify their insurance company that they object to birth control coverage. The insurer or administrator of the plan will then notify affected employees separately that coverage will be provided at no cost. The insurers would be reimbursed by a credit against fees owed the government.

Eric Rassbach, an attorney with the Becket Fund for Religious Liberty, a public interest law firm challenging the contraception coverage rule, said the compromise “doesn’t really change the overall way they’re trying to do this.” The Becket Fund represents many of organizations challenging the regulation in federal court.

The Catholic Church prohibits the use of artificial contraception. Evangelicals generally accept the use of birth control, but some object to specific methods such as the morning-after contraceptive pill, which they argue is tantamount to abortion, and is covered under the policy.

The lawsuits are split almost evenly between nonprofit plaintiffs — including several Roman Catholic dioceses — and for-profit businesses who say the rules go against their religious beliefs. For-profit businesses are not included in the accommodation released Friday and were not eligible for the time extension.

The Oklahoma-based Hobby Lobby Stores Inc. is the largest and best-known of the businesses that have sued. On Thursday, the 10th U.S. Circuit Court of Appeals in Denver allowed the lawsuit to move forward on religious grounds. The judges said the portion of the law that requires them to offer certain kinds of birth control to their employees is particularly onerous and sent the case back to a lower court, which had rejected the companies’ request for an injunction to prevent full enforcement of the new law. Businesses that fail to comply potentially face fines, which for Hobby Lobby could reach into the hundreds of millions of dollars.

Many of the nonprofit lawsuits had been put on hold until the final rules were announced.

Neither the Catholic Health Association, a trade group for hospitals, nor the U.S. Conference of Catholic Bishops had an immediate reaction Friday, saying the regulations were still being studied. New York Cardinal Timothy Dolan, president of the bishops’ conference, said he appreciated the time extension.


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