The Supreme Court ruling yesterday on the contraceptive
mandates under the Affordable Care Act seems to have kicked the hive in health
care reform again. It seems that amidst the plethora of information outlets,
the truth behind the ruling remains unknown to the majority of the public.
Hobby Lobby and their two sister companies sued the
Department of Health and Human Services (HHS) stating that the contraceptive
mandates of the ACA violated their religious beliefs as an employer. Hobby
Lobby cites four specific contraceptive methods described as “abortifacients”,
arguing that by providing the coverage they are facilitating abortions or
facing severe penalties for non-cooperation.
The HHS argued that
as a for-profit entity, Hobby Lobby and their familiars were exempt from citing
religious beliefs in a defense and as such their argument was a moot point.
The Supreme Court has released their 95-page syllabus and opinion by the justices identifying that this case had to do with whether or not a
for-profit entity could be exempt from the contraceptive mandates, just as a
non-profit religious entity is. Citing a variety of definitions, the court
ruled that a “closely held corporation” (one having more than half the value of
its stock owned by five or fewer individuals) like Hobby Lobby is eligible for
exemption from the ACA contraceptive mandates.
This means that not all for-profit entities will have to
provide contraceptives free of cost-sharing to their employees if doing so conflicts
with their religious beliefs. Don’t be confused though, there will be a variety
of obstacles that an employer will face before they can completely do away with
their portion of the mandate.
Those effected the most, the female consumers of the
insurance, will see no current change; the Supreme Court ruling recommends that
by extending the same opportunities to women working in non-profit and
religious sectors (who are currently exempt), these women can continue to be
provided with the exact same coverage at no additional cost.
Is there a rural impact for health care professionals?
To providers and health care administrators in rural
regions, being correctly informed of this decision is important. The lifeblood
of many rural communities are the family-owned for-profit companies that
provide goods, services, and jobs to the areas that they serve. It is equally
as important that health care professionals understand the impact of health
care policy as it relates to those that they serve.
As a health care professional, assure your patients and consumers
that the changes occurring do not hinder their ability to receive FDA-approved
contraceptives without cost-sharing at this time. The ruling of the Supreme
Court simply means that there will be a difference in the future to who “foots
the bill”, and hopefully it will be placed back on Congress to find that out –
not the patient.
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