Tag Archives: Zubik v. Burwell

Is There Justification For The Contraceptive Rule To Go Into Effect Immediately Upon Issuance?

OMB is reviewing an interim final rule on accommodations for entities objecting to giving workers access to contraceptives without cost sharing. Notice and public comment may be skipped only when they are “impracticable, unnecessary, or contrary to the public interest.” Does this rule meet the test?

July 7, 2017

ERISA: A Bipartisan Problem For The ACA And The AHCA

ERISA and health reform have not meshed well. The US Supreme Court has not helped. The Court decided two important ERISA cases last term and has another one, Advocate Health Care Network v. Stapleton, in the term about to conclude. Those interested in health care should watch this case closely.

June 2, 2017

Executive Order Addresses Religious Objections To Contraception

The ACA's contraceptive mandate spawned about a hundred lawsuits, which tied up the Obama administration for half a decade. This post analyzes the background for the Trump EO provision and its potential impact.

May 5, 2017

Administration Sticks With Current Accommodation For Employers Objecting To Contraceptive Coverage

One issue the outgoing Obama administration needed to wrap up was its response to the Supreme Court in the Zubik litigation. On January 9, the administration announced that it was not modifying its current accommodation for employers that object to contraceptive coverage on religious grounds.

January 10, 2017

CMS Releases Form For Insurers Submitting Contraceptive Claims

On August 22, CMS released at its REGTAP.info website a web-based form that third party administrators and insurers may use for submitting contraceptive claims that they have paid for 2015 as well as a set of frequently asked questions describing how the new process will work.

August 23, 2016

Seeking Compromise, Supreme Court Remands Contraceptive Coverage Case To Lower Courts

On May 16, the Supreme Court sent Zubik v. Burwell back down to the lower courts in pursuit of a compromise regarding the accommodation of the religious objections of the petitioner nonprofit organizations to covering contraceptives under the Affordable Care Act’s preventive services mandate.

May 16, 2016

Zubik v. Burwell Briefs Explore Potential Compromise (Update)

A first round of the requested briefs for the case were filed by both the petitioners and the government on April 12. In other ACA news, the IRS has updated several indices used for calculating eligibility for Affordable Care Act benefits or exemptions from ACA penalties for 2017.

April 13, 2016

Zubik v. Burwell Oral Arguments: Under Contraceptive Coverage Accommodation, Conscientious Objectors Or Collaborators? (Update)

Yesterday, the Supreme Court again heard oral arguments in a case involving the Affordable Care Act. Zubik v. Burwell, involves a challenge to the accommodation offered to religious organizations that object to covering contraceptives under the ACA’s preventive services coverage mandate.

March 24, 2016