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Wednesday, Apr 13 2016

Full Issue

In Contraception Briefs For High Court, Religious Groups Offer Compromise; Administration Defends Current Accommodation

The filing deadline was Tuesday for the briefs in the case concerning the federal government's mandatory contraception coverage requirements. The challengers proposed that insurance companies create stand-alone contraception plans. The Obama administration says such plans would "impose logistical obstacles on women seeking contraceptive coverage” and was “inconsistent with federal and state insurance law.”

New briefs from the Obama administration and Christian-affiliated nonprofits could shift the Supreme Court’s handling of a standoff over the federal health law’s contraceptive coverage requirements. The court, operating with eight members following the death of Justice Antonin Scalia, in March took the unusual step of asking each side to send additional briefs after it heard oral argument in the case. The request asked both sides to address whether there was some fresh compromise whereby health plans could offer birth control coverage for workers at religiously affiliated institutions whose teachings oppose it, without involvement from the employer sponsoring the plan. (Radnofsky and Kendall, 4/12)

The Obama administration said a compromise floated by the Supreme Court to resolve objections from religious organizations to providing their employees with contraceptives would work only if it was clear that the women would receive the coverage through other means, and if it ended the controversy. Solicitor General Donald B. Verrilli Jr. told the court that requiring a modification to the accommodation already offered to the religiously affiliated colleges, charities and hospitals was unnecessary. He said a modification would be acceptable only if the court ruled that it would satisfy the Religious Freedom Restoration Act and if it halted lawsuits from groups that say providing contraceptive coverage would make them complicit in sin. (Barnes, 4/12)

The U.S. Supreme Court got a mixed reaction from the Obama administration and religious groups to its unusual proposal to resolve a clash over employee insurance coverage for contraceptives. (Stohr, 4/12)

In other news about the Supreme Court —

Some employer-sponsored insurance plan officials are refusing to give states information about health care costs, after a Supreme Court decision last month struck the states' power to compel those insurers to participate. (Mershon, 4/12)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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