By BLR Legal Editor Jennifer Carsen, JD
For the past several months, court-watchers have been waiting for the Supremes to resolve a split among the circuits on the Affordable Care Act’s (ACA’s) contraceptive mandate. Today, the court released its long-awaited opinion—without ruling on the merits of the case.
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The ACA requires employers that offer employees group health plans to cover certain approved contraceptive methods or face penalties of $100 per day per affected individual. There is an exception for grandfathered health plans—those in existence at the time of the ACA’s adoption—as well as for group health plans sponsored by religious employers.
Organizations that object to the contraceptive mandate but do not qualify for the religious-employer exemption may qualify for an accommodation under the ACA intended to protect them from “having to contract, arrange, pay, or refer for” contraceptive coverage.