GOP Introduces Legislation To Allow Any Employer To Deny Any Preventive Health Service
Earlier today, in response to criticism from Catholic groups, the White House altered its regulation requiring employers and insurers to provide no-cost contraception coverage as part of their health care plans. Churches and religious nonprofits that primarily employ people of the same faith are still exempt from the requirement, but now religiously affiliated colleges, universities, and hospitals that wish to avoid providing birth control can do so. Their employees will still receive contraception coverage at no additional cost sharing directly from the insurer. But Republicans and some conservative Catholic groups are not satisfied with the accommodation and hope to use their false claim of “religious persecution” to deny women access to preventive health services. Despite Obama’s decision to shield nonprofit religious institutions from offering birth control benefits, next week Sen. Roy Blunt (R-MO) is expected to offer an amendment that would permit any employer or insurance plan to exclude any health service, no matter how essential, from coverage if they morally object to it:
(6) RESPECTING RIGHTS OF CONSCIENCE WITH REGARD TO SPECIFIC ITEMS OR SERVICES — “(A) FOR HEALTH PLANS. — A health plan shall not be considered to have failed to provide the essential health benefits package described in subsection (a) (or preventive health services described in section 2713 of the Public Health Services Act), to fail to be a qualified health plan, or to fail to fulfill any other requirement under this title on the basis that it declines to provide coverage of specific items or services because — “(i) providing coverage (or, in the case of a sponsor of a group health plan, paying for coverage) of such specific items or services is contrary to the religious beliefs or moral convictions of the sponsor, issuer, or other entity offering the plan; or “(ii) such coverage (in the case of individual coverage) is contrary to the religious beliefs or moral convictions of the purchaser or beneficiary of the coverage.
Under the measure, an insurer or an employer would be able to claim a moral or religious objection to covering HIV/AIDS screenings, Type 2 Diabetes treatments, cancer tests or anything else they deem inappropriate or the result of an “unhealthy” or “immoral” lifestyle. Similarly, a health plan could refuse to cover mental health care on the grounds that the plan believes that psychiatric problems should be treated with prayer.
Individuals too can opt out of coverage if it is contrary to their religious or moral beliefs, radically undermining “the basic principle of insurance, which involves pooling the risks for all possible medical needs of all enrollees.” As the National Women’s Law Center explains, Blunt’s language is vague enough that “insurers may be able to sell plans that do not cover services required by the new health care law to an entire market because one individual objects, so all consumers in a market lose their right to coverage of the full range of critical health services.” As a result, a man “purchasing an insurance plan offered to women and men could object to maternity coverage, so the plan would not have to cover it, even though such coverage is required as part of the essential health benefits.”
Read the full amendment here.
By: Igor Volsky, Think Progress, February 10, 2012
Catholic Bishops Demand All Businesses Be Given The Right To Deny Women Contraception Coverage
Catholic bishops and their GOP allies have been in an uproar ever since the Obama administration announced new rules that require employers, including most religiously-affiliated institutions, to cover contraception in their health plans with no cost-sharing. Republican candidates have accused Obama of waging a “war against religious freedom.” Rick Santorum went so far as to say Obama has put America on “the path” of beheading devout citizens.
The less shrill voices have implored Obama to “compromise” by broadening the religious exemption to let religiously-affiliated hospitals refuse women contraception. But the U.S. Conference of Catholic Bishops has made it clear they’re not interested in compromise. According to a report in USA Today, they aren’t just demanding a broader religious exemption from the new contraception coverage rule — they want contraception coverage removed from the Affordable Care Act altogether:
The White House is “all talk, no action” on moving toward compromise, said Anthony Picarello, general counsel for the U.S. Conference of Catholic Bishops. “There has been a lot of talk in the last couple days about compromise, but it sounds to us like a way to turn down the heat, to placate people without doing anything in particular,” Picarello said. “We’re not going to do anything until this is fixed.”
That means removing the provision from the health care law altogether, he said, not simply changing it for Catholic employers and their insurers. He cited the problem that would create for “good Catholic business people who can’t in good conscience cooperate with this.”
“If I quit this job and opened a Taco Bell, I’d be covered by the mandate,” Picarello said.
In short, Catholic bishops are saying that federal laws shouldn’t apply to anyone who claims to have a religious objection to them. Houses of worship and other religious nonprofits are already completely exempt from the rule. It is only when religious institutions choose to go into business as hospitals and serve the general public that they are bound by the same laws as everyone else. Yet the U.S. Conference of Catholic Bishops has promised a legal challenge.
But the organization does not speak for a majority of American Catholics, 52 percent of whom support requiring health plans to cover contraception. Several major Catholic universities and hospitals already offer contraception coverage.
By: Marie Diamond, Think Progress, February 9, 2012
Hypocrisy: Republican Senators Including Snowe And Collins Co-Sponsored Federal Contraception Mandate In 2001
Republicans have gone to war against President Obama’s regulation requiring employers and insurers to provide contraception coverage, portraying the measure as a “government takeover” of health care and pledging to repeal the rule in Congress. The measure, which is part of the Affordable Care Act, says that companies offering coverage must also provide birth control insurance (but exempts houses of worship and nonprofits primarily employing and serving those of the same faith).
The Obama measure closely resembles state laws providing equity in insurance coverage for contraception in six states and actually offers far more conscience protections than previous Congressional efforts to expand women’s access to birth control. For instance, a 2001 bill co-sponsored by Republicans Sens. Olympia Snowe (ME), Susan Collins (ME), Lincoln Chafee (RI), Gordon Smith (OR), John Warner (VA), Arlen Specter (PA) — S. 104 — sought to establish parity for contraceptive prescriptions within the context of coverage already guaranteed by insurance plans, but offered no opt-out clause for religious groups who opposed contraception:
SEC. 714. STANDARDS RELATING TO BENEFITS FOR CONTRACEPTIVES.
`(a) REQUIREMENTS FOR COVERAGE- A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not–
`(1) exclude or restrict benefits for prescription contraceptive drugs or devices approved by the Food and Drug Administration, or generic equivalents approved as substitutable by the Food and Drug Administration, if such plan provides benefits for other outpatient prescription drugs or devices; or
`(2) exclude or restrict benefits for outpatient contraceptive services if such plan provides benefits.
“Women shouldn’t be held hostage by virtue of where they live,” Snowe told a Senate Health, Education, Labor and Pensions Committee hearing in September of 2001. “It simply is not fair.” “All we’re saying in this legislation is that if health insurance plans provide coverage for prescription drugs that that coverage has to extend to FDA-approved prescription contraceptives. It’s that simple.”
At the time, religious groups also raised concerns about the measure and Snowe promised to add a “conscience clause” that is similar to the exemption included in Maine’s law. Incidentally, that language is very similar to the conscience protections included in Obama’s regulation.
By: Igor Volsky, Think Progress, February 8, 2012
Majority Of Catholics Believe Employers Should Cover Birth Control
More than 150 Catholic bishops have criticized President Barack Obama’s approval of a law that will require religious organizations to provide contraception coverage in employees’ insurance offerings.
But a new study by the Public Religion Research Institute shows that Catholics overwhelmingly support the new rules. The poll reveals that six out of ten Catholics believe employers should be required to provide their employees with healthcare plans that cover contraception, while 55 percent of Americans at large supported the new requirement.
White evangelicals opposed the new regulation more than any other religious group, with 56 percent saying it imposed on religious freedom.
Nearly 75 percent of Democrats approve of the new reform while only 36 percent of Republicans support it.
The new law is part of the president’s healthcare overhaul, and will make it mandatory for religious colleges, non-profits and hospitals to offer employees insurance packages that include contraception coverage. While some organizations will be granted an adjustment period, eventual failure to provide coverage to employees could result in penalties
A large proportion of Catholics polled did say, however, that the government should not require churches to provide their employees with insurance covering birth control.
Nearly three quarters of white evangelicals also agreed that churches should remain exempt from the new law.
By: Lauren Fox, Washington Whispers, U. S. News and World Report, February 7, 2012
“Oop’s, He Did It Again”: When Romney Agreed With Obama On Contraception
For months, Republican presidential candidates have been eager, if not desperate, to accuse President Obama of waging a “war on religion.” Rick Perry got the ball rolling quite a while ago, but his more successful rivals have picked up on the same line.
The problem for the GOP candidates has been substantive: they knew they wanted to accuse Obama of being hostile towards faith communities, but they couldn’t explain why. Republicans saw value in the attack — the drive to paint the president as “The Other” has been a constant for four years — but they had absolutely no idea how to bolster the smear.
This week, Mitt Romney seems to have settled on a policy to match the attack: the Obama administration’s decision to require coverage of contraception as preventive care under the Affordable Care Act is, according to the former governor, an “attack on religious liberty.”
Romney told voters in Colorado yesterday that “churches and the institutions they run” will “have to provide for their employees, free of charge, contraceptives, morning-after pills — in other words abortive pills and the like — at no cost.”
As a substantive matter, Romney’s lying. The administration’s policy already exempts churches and other houses of worship and “doesn’t require any individual or employer to violate a religious belief — it simply ensures that their employees with different beliefs have the same access to birth control as all other women.”
But as a matter of consistency, Romney has another problem: he’s not only lying; he’s also denouncing Obama for adopting a policy similar to one Romney used to support.
Mitt Romney accused President Obama this week of ordering “religious organizations to violate their conscience,” referring to a White House decision that requires all health plans – even those covering employees at Catholic hospitals, charities, and colleges – to provide free birth control. But a review of Romney’s tenure as Massachusetts governor shows that he once took a similar step.
Oops.
While Romney was on the attack yesterday, condemning the idea of requiring religious institutions to provide emergency contraception, as governor, a previous iteration of Romney required all Massachusetts hospitals, including Catholic hospitals, to provide emergency contraception to rape victims.
Some Catholic leaders now point to inconsistency in Romney’s criticism of the president and characterize his new stance as politically expedient, even as they welcome it.
“The initial injury to Catholic religious freedom came not from the Obama administration but from the Romney administration,” said C.J. Doyle, executive director of the Catholic Action League of Massachusetts. “President Obama’s plan certainly constitutes an assault on the constitutional rights of Catholics, but I’m not sure Governor Romney is in a position to assert that, given his own very mixed record on this.” […]
“Governor Romney afterwards lamented that and campaigned around the country as someone in favor of religious freedom and traditional morality,” Doyle said. “He is very consistent at working both sides of the street on the same issue at the same time. His record on this issue has been one of very cynical and tactical manipulation.”
It’s the latest in a series of examples of Romney 2.0 interfering with the ambitions of Romney 5.0.
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