A federal judge has blocked a law in Missouri that would require insurance companies to exclude coverage for birth control for moral objectors. That law runs contrary to the regulations of the Affordable Care Act. The judge notes insurers cannot follow both laws at the same time.
In order to fully understand this situation, you need a little history. Part of the Affordable Care Act requires all health plans to cover preventative care without charging the consumer for a co-pay, coinsurance, or deductible. As of August 1, 2012, this includes all forms of birth control that have been approved by the Food and Drug Administration.
In July of 2012, Missouri Governor Jay Nixon vetoed a bill that would have resulted in women being denied insurance coverage for contraception. At the time, the governor noted that there already was a Missouri state law that allowed employers or workers to opt-out of contraceptive coverage based on moral or religious beliefs.
The bill, however, if passed into law, would have allowed insurance companies to deny coverage for birth control even if both the employer and worker wanted it to be covered. In other words, it would officially give private insurance companies the authority to make decisions about access to contraceptive coverage.
After that, the Missouri Catholic Conference “urged people of faith to contact legislators to urge them to overturn the governor’s veto” (according to the Chicago Tribune). Next, the Republican led Missouri legislature enacted the law by overriding Governor Jay Nixon’s veto. The Governor is a Democrat.
Now, a federal judge has blocked the Missouri law that would exclude birth control coverage for moral objectors. U.S. District Judge Audry Flessing wrote that there “appears to be an irreconcilable conflict” between the state laws and the federal laws. She said:
Insurers are placed in an untenable position as they cannot comply with both statues at the same time.
In short, if an insurance company decided to comply with the Missouri law, and exclude birth control coverage in a health plan, the insurer could be subject to federal penalties for not complying with the contraception mandate in the Affordable Care Act. If the insurance company decided to include coverage for birth control in a health plan, it could face financial penalties from the Missouri state insurance department for failing to follow the Missouri law.
According to the Miami Herald:
Friday’s restraining order says the state insurance department may approve policies with a contraception exemption but cannot reject insurance policies because they lack an exemption for moral and religious objectors. The judge said a hearing for a preliminary injunction would be set later.
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