contraceptive coverage under the aca
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Contraceptive Coverage Under the ACA. How We Got Where We Are Today. Leila Abolfazli and Hillary Schneller, National Women’s Law Center . LSRJ Training, June 13, 2014. Preventive Services Provision. Plans must c over without cost-sharing : - PowerPoint PPT PresentationTRANSCRIPT
Contraceptive Coverage Under the
ACA
How We Got Where We Are Today
LSRJ Training, June 13, 2014
Leila Abolfazli and Hillary Schneller, National Women’s Law Center
Preventive Services Provision
Plans must cover without cost-sharing:OVarious items or services for
adults and children, including immunizations, screenings, and counseling.
OBut Congress realized there was a gap.
What about women’s specific preventive care needs?
Why include birth control and education and counseling?
O Birth control prevents unintended pregnancy
O Allows women to plan and space their pregnancies
Improves public
health
Who Doesn’t Have to Provide?
OChurches and other houses of worshipemployees do not get it
OCertain non-profitsemployees/students do get it (“accommodation”)
Who Does Have to Provide?
For profit companies
Two Lines of CasesO For-profit companies
O Two cases at Supreme Court
O Non-profit organizations eligible for the “accommodation” O Cases moving through district courts
and circuit courts of appeal
Cases at the Supreme Court
OHobby LobbyO nationwide chain of arts and crafts
storesO over 13,000 employees
OConestoga Wood O wood cabinet and specialty goods
manufacturerO nearly 1000 employees
Major Issues Before the Court: RFRA
O Is a for-profit company a person capable of exercising religion?
If yes, then:O Is there a “substantial burden” on
religious exercise?
If yes, then:O Is there a “compelling interest”?
The Government’s Response
For-profit corporations are not capable of exercising religionNo substantial burden on religious exercise
O Too attenuated O Tax alternative
Even if there is a substantial burden, the rule is justified by compelling government interests in:
O Women’s healthO Women’s equality
Amicus StrategyO What’s the point?
O Who should the Court hear from?
O Quality vs. quantity
Amicus ArgumentsO Disrupts principles of corporate law -- corporate law
scholars O Employees’ religious freedom -- religious groups
O History of using religion to discriminate -- ACLU
O Compelling interests, burden on female employees -- NWLC
O Impact on LGBT persons & people with HIV -- Lambda
Legal
O Impact on other health care -- medical and health
groups
O Establishment Clause -- church-state scholars
O Intent of ACA & RFRA -- members of Congress
Opinion Pieces In Support of Contraceptive Coverage
Requirement
Questions from the Justices
O Effect on other health care services – vaccines, blood transfusions
O Impact on other federal law, including antidiscrimination laws
O Burden on employees O How some forms of contraceptives work O Whether there are alternative means by
which the government could ensure women’s access to contraceptives – e.g., Title X expansion
Outside the Court