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Supreme Court Vacating Contraceptive Coverage Accommodation Challenges

A number of non-profit religious organizations have filed lawsuits against the federal government stating that although they do not have to provide the coverage, by providing the required notice of their objection, they are facilitating the provision of contraceptive coverage.


Non-grandfathered health plans are required to cover contraceptive services under healthcare reform’s preventive services mandate. Employers with a religious objection to providing contraceptive coverage are required to notify their insurer, Third Party Administrator or the Department of Health and Human Services (HHS) of their objection. If a plan fails to provide such notice, it will then be required to provide the contraceptive coverage. 


The Supreme Court has returned several cases to the lower Appellate Courts to attempt to reach an amicable resolution to the concerns. 


If you have any questions, please contact your Client Solutions team.


Compliance Quarterly is being provided as an informational tool. It is recommended that plans consult with their own experts or counsel to review all applicable federal and state legal requirements that may apply to their group health plan. By providing this publication and any attachments, Meritain Health is not exercising discretionary authority over the plan and is not assuming a plan fiduciary role, nor is Meritain Health providing legal advice.