The United States Supreme Court ruled last week that some religious groups cannot be penalized for failing to cover birth control under their health plans.
The Affordable Care Act requires health plans to cover birth control contraceptives. This health care reform requirement received push-back from religious groups and some business leaders after it was first announced, and the government offered a limited exception to the contraception coverage mandate for religious church-based organizations. These organizations can file with the government an objection to the contraceptive coverage mandate using Form EBSA 700. If approved, a separate insurance company (not the objecting organization) will provide contraceptive coverage to women who are covered under the organization’s health plan. The coverage will not be provided directly by the religious organization.
The Little Sisters of the Poor, a religious group that operates nursing homes for low income individuals, objected to even filing the EBSA 700 form. They felt that by completing the form, they were authorizing coverage of contraceptives, which violated their faith, even though the actual coverage would be provided through a separate insuring organization.
The Little Sisters of the Poor, along with their health plan, the Christian Brothers Employee Benefits Trust, asked the Supreme Court to block the penalties that would be assessed if they failed to sign the EBSA 700 form. Justice Sotomayor issued a temporary order in their favor, and requested a reply from the federal government.
The Supreme Court order placing a temporary hold on penalties being assessed against the group for failing to provide contraceptive coverage is limited in scope. However, additional guidance on the matter is expected at any time.
