HHS Rejects Compromise, Embraces Abortion Lobby

Kathleen Sebelius, U.S. Secretary for Health and Human Services (HHS), today issued an announcement indicating that HHS would ignore the concerns of religious employers regarding HHS rules mandating health insurance coverage for sterilizations and contraception, including some that cause abortion, except to allow religious groups a year to comply with the law.

“It is the greatest irony, that by worshipping the cult of ‘choice’ the Obama Administration has determined that religious organizations lack the freedom to act in fidelity to their beliefs,’” said Patrick J. Reilly, President of The Cardinal Newman Society.  “The White House has sold the First Amendment for a few pennies of political support from the ACLU and the abortion lobby.”

“If the Obama Administration cannot respect the First Amendment of the Constitution, then we must take this fight to the courts and win,” Reilly continues.  “The Cardinal Newman Society will do everything within our power and resources to help faithful Catholic colleges and other organizations in this fight to defend religious liberty.  Already a faithful Catholic college has led the charge in federal court, and other Catholic colleges have stood strong with us against the HHS rule, without compromise.”

Over the past few years, The Cardinal Newman Society (CNS) has been heavily engaged in promoting and defending the religious liberties of Catholic colleges and universities.  Last month CNS opposed a compromise to the HHS rules recommended by the University of Notre Dame and the Catholic Health Association.  CNS commissioned a legal analysis of the Obama Administration’s health insurance mandate for sterilization and contraceptives and organized 18 Catholic colleges and universities to join in an appeal to the Department of Health and Human Services against the mandate.  CNS has also defended The Catholic University of America’s single-sex dorm policy and published materials to help Catholic colleges and universities protect their religious liberty.

Tools for the defense of religious liberty published by CNS this year include a step-by-step plan for Catholic colleges to protect religious freedoms by enhancing Catholic identity; a comprehensive legal backgrounder describing assaults from the NLRB; and a handbook for Catholic college leaders helping them conform to the Church’s vision for Catholic higher education.

For an overview of the work of CNS to defend religious liberty, click here.

The Sebelius statement is as follows:

In August 2011, the Department of Health and Human Services issued an interim final rule that will require most health insurance plans to cover preventive services for women including recommended contraceptive services without charging a co-pay, co-insurance or a deductible.  The rule allows certain non-profit religious employers that offer insurance to their employees the choice of whether or not to cover contraceptive services. Today the department is announcing that the final rule on preventive health services will ensure that women with health insurance coverage will have access to the full range of the Institute of Medicine’s recommended preventive services, including all FDA -approved forms of contraception.  Women will not have to forego these services because of expensive co-pays or deductibles, or because an insurance plan doesn’t include contraceptive services. This rule is consistent with the laws in a majority of states which already require contraception coverage in health plans, and includes the exemption in the interim final rule allowing certain religious organizations not to provide contraception coverage. Beginning August 1, 2012, most new and renewed health plans will be required to cover these services without cost sharing for women across the country.

After evaluating comments, we have decided to add an additional element to the final rule. Nonprofit employers who, based on religious beliefs, do not currently provide contraceptive coverage in their insurance plan, will be provided an additional year, until August 1, 2013, to comply with the new law. Employers wishing to take advantage of the additional year must certify that they qualify for the delayed implementation. This additional year will allow these organizations more time and flexibility to adapt to this new rule.  We intend to require employers that do not offer coverage of contraceptive services to provide notice to employees, which will also state that contraceptive services are available at sites such as community health centers, public clinics, and hospitals with income-based support.  We will continue to work closely with religious groups during this transitional period to discuss their concerns.

Scientists have abundant evidence that birth control has significant health benefits for women and their families, it is documented to significantly reduce health costs, and is the most commonly taken drug in America by young and middle-aged women. This rule will provide women with greater access to contraception by requiring coverage and by prohibiting cost sharing.

This decision was made after very careful consideration, including the important concerns some have raised about religious liberty. I believe this proposal strikes the appropriate balance between respecting religious freedom and increasing access to important preventive services. The administration remains fully committed to its partnerships with faith-based organizations, which promote healthy communities and serve the common good.  And this final rule will have no impact on the protections that existing conscience laws and regulations give to health care providers.