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A Guide to the Supreme Court’s Review of the Contraceptive Coverage Requirement

This issue brief dissects the issues raised by the legal challenges to the Affordable Care Act’s requirement that private insurance plans include contraception as part of their coverage of preventive services for women. Over 40 for-profit corporations and over 40 nonprofit corporations have filed lawsuits claiming that the requirement to provide their employees with contraceptives violates their religious rights. On November 26, 2013, the Supreme Court agreed to hear two cases filed by for-profit corporations, Hobby Lobby and Conestoga Wood Specialties, that claim that this requirement violates their religious rights. At the crux of these cases is a question that the Supreme Court has not previously addressed: Do for-profit corporations have religious protections under the 1993 Religious Freedom Restoration Act and the First Amendment? The brief provides background on how the ACA’s contraceptive requirement works, summarizes some of the legal challenges brought by for-profit and non-profit organizations and discusses the implications of potential rulings by the Supreme Court.

Women and Health Care in the Early Years of the ACA: Key Findings from the 2013 Kaiser Women’s Health Survey

This report addresses a wide range of topics that are at the heart of women’s health care, as well as changes that women may experience as a result of the Affordable Care Act (ACA). The findings in the report, based off a nationally representative survey conducted by the Kaiser Family Foundation, highlight differences in health care for uninsured, low-income, and minority women. Other focus areas include: coverage, access, and affordability; connections to health providers; access and utilization of preventive services; and reproductive and sexual health services for women of reproductive age, such as contraception and family planning services and screenings for sexually transmitted infections (STIs).

How Does Where You Work Affect Your Contraceptive Coverage?

The Affordable Care Act (ACA) requires most private health insurance plans to provide coverage for a broad range of preventive services including FDA approved prescription contraceptives and services for women. Legal challenges and recently issued rules have affected contraceptive coverage for many women.

Infographic: How Does Where You Work Affect Your Contraceptive Coverage?

The Affordable Care Act’s requirement that most private health insurance plans provide contraceptive coverage has been the focus of ongoing litigation in the federal courts. In response to recent Supreme Court actions in the Hobby Lobby and College of Wheaton cases, the U.S. Department of Health and Human Services issued…

Potential Supreme Court Decision: Who Will Bear the Coverage “Burdens?”

The Supreme Court is expected to reach a decision by the end of June, 2014 on the cases brought forth by Hobby Lobby and Conestoga Wood Specialties, two for profit corporations challenging the ACA’s contraceptive coverage requirement. The plaintiffs contend that the requirement that they include coverage for certain contraceptive services (emergency contraceptive pills and intrauterine devices) in the insurance plans “substantially burdens” both the corporation’s and the owners’ religious rights. During the arguments, several of the justices discussed the extent to which the corporations did or not did not have a choice in offering coverage to their workers. In this brief, we explore some of the factors influencing coverage decisions and possible consequences for women and employers given possible Supreme Court decision options: either upholding the contraceptive coverage requirement, or in favor of Hobby Lobby.