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State and Federal Contraceptive Coverage Requirements: Implications for Women and Employers

Appendix Table 1: Exemptions Permitted Under State Laws for Employers with Objections to Contraceptive Coverage
    Religious Moral
State
Applies to Individual or Group Market Plans

No Exemptions to Employers
(9 states)

House of Worship
Religiously affiliated
non-profit
Other
Arizona1 Group X X
Arkansas Both X X
California
(no cost-sharing)
Both X
Colorado Both X
Connecticut2 Both X X
District of Columbia
(no cost-sharing;
effective April 17, 2018)
Both X ^ ^
Delaware
(no cost-sharing)
Group X X
Georgia Both X
Hawaii Group X X
Illinois
(no cost-sharing)
Both X X X X
Iowa Both X
Maine
(no cost-sharing; effective January 2019)
Both X X
Maryland
(no cost-sharing)
Both X X
Massachusetts
(no cost-sharing; effective May 2018)
Both X X#
Michigan Group X X
Missouri Both X X X¥ X¥
Montana Group X
Nevada
(no cost-sharing)
Both X X
New Hampshire3 Group X
New Jersey4 Both X X
New Mexico5 Both X X
New York
(no cost-sharing)
Group X X
North Carolina Both X X
Oregon
(no cost-sharing; effective January 2019)
Both X
Rhode Island6 Both X X
Texas Both X X
Vermont
(no cost-sharing)
Both X
Washington
(no cost-sharing; effective January 2019)
Both X
West Virginia Both X* X X X
Wisconsin Group X
NOTES: AZ defines religious employers non-profit organizations described in section 6033(a)(3)(A)(i) or (iii) OR an entity whose articles of incorporation clearly state that it is a religiously motivated organization and whose religious beliefs are central to the organizations operating principles.

AR, HI, & NC define religious employers as a nonprofit that is organized for religious purpose, primarily employs person who share the religious tenets of the entity, and serves primarily persons who share the religious tenets of the entity.

CA, NY, & OR define religious employers as non-profit organizations described in section 6033(a)(3)(A)(i) or (iii).

CT, MA, ME, NJ, RI define religious employers as “qualified church-controlled organizations” as defined in 26 USC 3121.

DE, MD, NM, & TX state statutes do not define what is considered a religious employer.

^Mirroring the current federal regulations, DC allows for religiously affiliated nonprofits and closely held for-profits to request an accommodation which requires the group health insurer issuer to provide separate payments for contraceptive products and services without imposing any fee or cost-sharing to the employer or policy holders.

IL allows any employer with a moral or religious objection to have an exemption.

# MA only allows houses of worship and church controlled organizations to be eligible for an exemption.

¥MO allows any entity with a moral or religious objection to have an exemption.

NV does not exempt any employers but allows religious insurers to exclude contraceptive coverage.

NY requires the insurer to offer a rider to policy holders so that women will have contraceptive coverage

*WV defines religious an entity whose sincerely held religious beliefs or sincerely held moral convictions are central to the employer’s operating principles, and the entity is an organization listed under 26 U.S.C. 501 (c)(3), 26 U.S.C. 3121, or listed in the Official Catholic Directory published by P.J. Kennedy and Sons

Issue Brief

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