New health reform rules finalize policies for non-profit organizations that object on religious or moral grounds to gain an exemption from having to “contract, arrange, pay or refer for” contraceptive coverage.
The final rules reflect public feedback received in response to Feb. 6, 2013 proposed rules (78 Fed. Reg. 8456). In the proposed rule, the government exempted more group health plans and policies established or maintained by religious organizations from health reform’s requirement that plans and polices cover contraceptives without cost-sharing, and expanded the type of eligible organizations that can be exempted from the requirement. See this story for more information.
Employers with insured plans will provide a copy of its self-certification to its health insurer. These plans must then provide separate payments for contraceptive services for the women in the health plan of the organization, at no cost to the women or to the organization. The government contends that this will be cost-neutral to the insurers.
Employers with self-insured health plans will provide a copy of its self-certification to its third party administrator. The TPA must then provide or arrange separate payments for contraceptive services for the women in the health plan of the organization, at no cost to the women or to the organization.
HHS and DOL issued a form for employer plans to self-certify that they qualify for an accommodation under these final regulations.
The final rules provide the exemption to non-profit religious organizations that object to contraceptive coverage on religious grounds. An eligible organization is one that:
- on account of religious objections, opposes providing coverage for some or all of any contraceptive services otherwise required to be covered;
- is organized and operates as a nonprofit entity;
- holds itself out as a religious organization; and
- self-certifies that it meets these criteria in accordance with the provisions of the final regulations.