The Patient Protection and Affordable Care Act (also known as Obamacare), mandates that all health insurance plans are now required to cover all FDA Approved and prescribed contraceptive services for women. There are two possible exceptions outlined below.
A. Religious Employer Exemption (REE) for certain religious employers if they meet the following requirements:
- Has the inculcation of religious values as its purpose,
- Primarily employs persons who share its religious tenets,
- Primarily serves persons who share religious tenets,
- Is a non-profit organization under Internal Revenue Code Section 6033(a) (1) and section 6033(a) (3) (A) (i) or (iii).
B. Temporary Enforcement Safe Harbor (TESH) for those non-profit organizations that meet the following requirements:
- The organization must be organized and operated as a non-profit entity
- From February 10, 2012 onward, the group health plan established or maintained by the organization must not have provided contraceptive coverage at any point because of religious beliefs of the organization,
- The organization must provide notice to participants of the plan stating that contraceptive coverage will not be provided under the plan for the first plan year beginning on or after August 1, 2012.
- The organization must self-certify that it satisfies items 1 – 3 above.
- This exclusion is will expire after August 1, 2013.
For more information on this topic, contact Sandy Adams at 518-393-2109 x213