Jesse Gelsomini in the Society of Human Resource Management: Hobby Lobby’s Reach Spreads Further


Religious nonprofits opposed to the “religious nonprofit accommodation” in Patient Protection and Affordable Care Act (PPACA) regulations have reason to hope the regulatory compromise over contraceptives coverage may be struck down one day. In a July 3, 2014, order, the U.S. Supreme Court enjoined the U.S. Department of Health and Human Services (HHS) from enforcing the accommodation’s paperwork requirements.

The one-page order—another blow to women’s reproductive health proponents and victory for religious rights activists—was accompanied by a lengthy dissent from all of the court’s female justices, all of whom also dissented from the Supreme Court’s 5-4 decision in Hobby Lobby...

Those paperwork requirements—specifically a form (Employee Benefits Security Administration [EBSA] Form 700) that nonprofits were to file to their insurers to alert them of their religious objections to contraceptives—were, some thought, to be the Obama administration’s solution for for-profit companies with religious objections to contraceptives following Hobby Lobby. This latest Supreme Court order now places that potential solution into serious doubt, according to Jesse Gelsomini, a benefits attorney with Haynes and Boone, LLP in Houston.

Excerpted from the Society of Human Resource Management, July 10, 2014. To view full article, click here.

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