Preventive Services Rule

You may recall that, in August 2011, there were concerns regarding the definition of religious employer in the proposed Rule on Preventive Services. The Rule would require almost all insurers and employers (except religious employers) to provide contraception and sterilization services for its women employees and subscribers. The rule defined religious employer as meeting all of the following criteria:

(1) The inculcation of religious values is the purpose of the organization;
(2) The organization primarily employs persons who share the religious tenets of the organization;
(3) The organization serves primarily persons who share the religious tenets of the organization
(4) The organization is a non-profit organization as described in section 6033(a)(1) and section 6033(a)(3)(A)(i) and (iii) of the Internal Revenue Code of 1986, as amended.

After accepting comments, the HHS published its Final Rule on January 20 (click here for more information). The Final Rule does not expand the definition of religious employer. Sister Carol Keehan, CHA President and CEO issued a statement that CHA is disappointed that the definition was not expanded (see www.chausa.org for more on this). Click here to find comments from Cardinal-Designate Timothy Dolan, President of the USCCB. An excerpt of Dolan's comments: “Never before has the federal government forced individuals and organizations to go out into the marketplace and buy a product that violates their conscience. This shouldn’t happen in a land where free exercise of religion ranks first in the Bill of Rights."

Stay tuned for more information.