From the March 2012 issue of National Underwriter Life & Health Magazine • Subscribe!

Birth Control Mandate Spawns Controversy for Obama

What began as a rule to mandate contraceptive coverage through workplace health care plans has become a national conversation on religious freedom, the Constitutionality of health care reform, and the right for women to have access to birth control.

On January 31, the Department of Health and Human Services issued a final rule that would give nonprofit organizations until August 1, 2013 to comply with a new law requiring most health insurance plans to cover contraceptive services as part of preventive care for women, without charging a co-pay, co-insurance or a deductible. This includes employer-provided plans, even from organizations such as the Catholic Church, whose tenets expressly forbid the use of birth control.

The final rule would have no impact on the protections that existing conscience laws and regulations give to health care providers themselves, but this did not prevent Cardinal-designate Timothy M. Dolan, archbishop of New York and president of the U.S. Conference of Catholic Bishops from strongly criticizing called the decision, noting that now sterilization, abortifacients and contraception are to be included in virtually all health plans.

“In effect, the president is saying we have a year to figure out how to violate our consciences,” Dolan said.

Sen. Orrin Hatch, R-Utah, who is running for re-election, said “This is about religious freedom, and anything short of a full exemption is no compromise. The backlash surrounding the White House’s decision to force religious institutions to act against their beliefs lays that fundamental fact that the President’s health law is unconstitutional to its very core.”

Rep. Joseph Pitts, R-Pa., chairman of the Health Subcommittee of the House Energy and Commerce Committee, added, “This outrage is one more reason why the President’s healthcare law needs to be repealed.”

In an effort to stem the controversy, the Obama administration switched gears with a new proposal that switched the onus of paying for contraception from employers to insurers, thereby taking religious groups out of the equation.

“The result will be that religious organizations won’t have to pay for these services, and no religious institution will have to provide these services directly,” President Obama said. “But women who work at these institutions will have access to free contraceptive services, just like other women, and they’ll no longer have to pay hundreds of dollars a year that could go towards paying the rent or buying groceries.”

About the Author
Elizabeth Festa

Elizabeth Festa

Elizabeth Festa, Regulatory & Compliance News Editor for LifeHealthPro.com, is a longtime financial and regulatory affairs journalist with a background in insurance, securities, the investment advisor space and telecomm deregulation, both in Washington and New York. She has worked at everything from old-school newsletter sheets punched into binders to an international wire service to a hyper-local blog, and has free-lanced for major and regional newspapers and magazines on a variety for features, real estate and lifestyle stories. She found herself covering insurance when all her colleagues covered banking, and figured an actuary could talk circles around a banker and stay in a Rolodex (she still uses one) a lot longer. Elizabeth learned insurance regulatory issues on the back of the demutualization/investment bank movement and Glass Steagall reform efforts in the late 1990s and went religiously to four NAIC meetings a year, sitting in the cheap seats in back with the skeptical accountants, heckling consultants and the pacing consumer advocates. Fast forward, after a decade of real estate and Internet company boom and bust, and she is back on the beat again, covering insurance modernization, which is an evolving process, she has learned, not a destination. Festa can be reached at efesta@sbmedia.com

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