Posted by:
PtLoma
(
)
Date: February 13, 2012 11:41AM
Presently, 28 states have laws that require employers who purchase health insurance to cover contraceptives as they would cover any other drugs. Of heavily Mo states, Utah and Arizona have no such law, but Nevada does. In 20 of these 28 states, there is a carve-out for religious organizations, but the definition of what constitutes a religious organization is what's eating the Catholic Church.
California's law, in place since 1999, allows exceptions for churches and church schools, but not for entities like universities and hospitals. The CA courts have ruled that hospitals' primary mission is health care, not religion. The courts look at criteria such as: does the entity receive govt funds; does the entity serve only church members or the general public; does the entity hire significant numbers of nonmembers.
As you can see, many LDS institutions like the COB, LDS Social Services, Deseret Industries would survive this scrutiny and qualify for the carve-out. BYU, on the other hand, would not. A major difference between TSCC and the Catholic CHurch is that TSCC does not operate hospitals, whereas hundreds of hospitals in the USA are Catholic-affiliated. These hospitals do not require employees to be Catholic, unlike TSCC which requires TRs for many positions.
Another difference between TSCC and the Catholic Church is that the latter operates charitible organizations that accept govt funds and hire nonmembers. The first challenge to the CA law, from Catholic Charities, failed in 2004 because Catholic Charities derives 90% of its funds from govt sources and they hire nonmembers. Hence, the courts held that its primary mission was social service as opposed to religion. Many LDS institutions would not be involved because they are self-funded and do not accept outside help (other than maybe donations of used goods for DI).
We have a large Catholic hospital nearby. Until 1999, if I saw one of their employees and she wanted an Rx for birth control pills, it would be blocked by the pharmacy computer. No coverage whatsoever, so the hapless employee had to pay $50 a month or full retail for the pills. This still would occur with employees working for say a Catholic parish or parochial school.
The issue has been hyped up into a partisan debate, with Republicans and a few conservative Democrats claiming that it infringes on the rights of Catholics to practice their beliefs. In reality, no Catholic is forced to take the pill. It simply allows those employees of Catholic-affiliation (govt funds, nonmember employees) to receive coverage for contraceptives the same as any other Rx.
This list clarifies the coverage by state:
http://www.ncsl.org/default.aspx?tabid=14384The Obama proposed rules would make this national. I suspect TSCC is staying out of the debate because they are much less affected than the Catholic Church, mainly because of not operating hospitals or organizations like Catholic Charities.