GOP Ups The Ante, Introduces Legislation To Allow Any Employer To Deny Any Preventive Health Service

Earlier today, in response to criticism from Catholic groups, the White House altered its regulation requiring employers and insurers to provide no-cost contraception coverage as part of their health care plans. Churches and religious nonprofits that primarily employ people of the same faith are still exempt from the requirement, but now religiously affiliated colleges, universities, and hospitals that wish to avoid providing birth control can do so. Their employees will still receive contraception coverage at no additional cost sharing directly from the insurer.

But Republicans and some conservative Catholic groups arenot satisfied with the accommodation and hope to use their false claim of “religious persecution” to deny women access to preventive health services. Despite Obama’s decision to shield nonprofit religious institutions from offering birth control benefits, next week Sen. Roy Blunt (R-MO) is expected to offer an amendment that would permit any employer or insurance plan to exclude any health service, no matter how essential, from coverage if they morally object to it:

(6) RESPECTING RIGHTS OF CONSCIENCE WITH REGARD TO SPECIFIC ITEMS OR SERVICES —

“(A) FOR HEALTH PLANS. — A health plan shall not be considered to have failed to provide the essential health benefits package described in subsection (a) (or preventive health services described in section 2713 of the Public Health Services Act), to fail to be a qualified health plan, or to fail to fulfill any other requirement under this title on the basis that it declines to provide coverage of specific items or services because —

“(i) providing coverage (or, in the case of a sponsor of a group health plan, paying for coverage) of such specific items or services is contrary to the religious beliefs or moral convictions of the sponsor, issuer, or other entity offering the plan; or

“(ii) such coverage (in the case of individual coverage) is contrary to the religious beliefs or moral convictions of the purchaser or beneficiary of the coverage.

Under the measure, an insurer or an employer would be able to claim a moral or religious objection to covering HIV/AIDS screenings, Type 2 Diabetes treatments, cancer tests or anything else they deem inappropriate or the result of an “unhealthy” or “immoral” lifestyle. Similarly, a health plan could refuse to cover mental health care on the grounds that the plan believes that psychiatric problems should be treated with prayer.

Individuals too can opt out of coverage if it is contrary to their religious or moral beliefs, radically undermining “the basic principle of insurance, which involves pooling the risks for all possible medical needs of all enrollees.” As the National Women’s Law Center explains, Blunt’s language is vague enough that “insurers may be able to sell plans that do not cover services required by the new health care law to an entire market because one individual objects, so all consumers in a market lose their right to coverage of the full range of critical health services.” As a result, a man “purchasing an insurance plan offered to women and men could object to maternity coverage, so the plan would not have to cover it, even though such coverage is required as part of the essential health benefits.”

Read the full amendment here.