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  • All Eyes on the Supreme Court: More than Birth Control at Stake

    Issue Brief

    On March 25th, the Supreme Court will hear two cases brought by for-profit corporations challenging the ACA’s contraceptive coverage rule on religious grounds. These two corporations are Hobby Lobby, a national chain of craft stores owned by a Christian family and Conestoga Wood Specialties, a cabinet manufacturer, owned by a Mennonite family. Beyond the impact on the ACA and contraceptive coverage, the Court’s decision may have implications for religious rights of employers and employees, as well as corporate and civil rights laws. This brief examines three fundamental questions raised by some of the 84 amicus briefs that have been submitted to the Court.

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

    Issue Brief

    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.

  • Round 2 on the Legal Challenges to Contraceptive Coverage: Are Nonprofits “Substantially Burdened” by the “Accommodation”?

    Issue Brief

    The Affordable Care Act (ACA) requires most private health insurance plans to provide coverage for a broad range of preventive services including Food and Drug Administration (FDA) approved prescription contraceptives and services for women. Since the implementation of the ACA contraceptive coverage requirement in 2012, over 200 corporations have filed lawsuits claiming that including coverage for contraceptives or opting for an “accommodation” from the federal government violates their religious beliefs. This brief explains the legal issues raised by the nonprofit litigation and discusses the impact of the Hobby Lobby decision on the current litigation.

  • Abortion Coverage in Marketplace Plans, 2015

    Issue Brief

    This brief analyzes state policies and insurer coverage decisions affecting the availability of abortion coverage in 2015 insurance plans offered through the Marketplaces. It finds that abortion coverage is unavailable in a total of 31 states, 24 of which have enacted laws that ban or restrict abortion coverage in plans sold through their Marketplaces and 7 of which have no abortion coverage restrictions but also have no Marketplace plans offering it.

  • New Brief Examines the Future of Contraceptive Coverage

    News Release

    The Affordable Care Act’s contraceptive coverage provision made access to the full range of contraceptive methods available to millions of women with private insurance at no cost.  Despite broad public support, this provision has been challenged by religious employers, with two cases reaching the Supreme Court.

  • Web Briefing for Media – The Supreme Court, Birth Control, and Religious Freedom: Implications of Zubik v. Burwell

    Event Date:
    Event

    On March 23, the U.S. Supreme Court will hear Zubik v. Burwell, legal challenges brought by nonprofit corporations challenging the Affordable Care Act's contraceptive coverage requirement. The 2014 Hobby Lobby decision established that certain firms with religious beliefs should be relieved of the requirement of paying for contraceptive coverage. In this case, religious nonprofits are objecting to the regulations that the Obama Administration has developed to accommodate their religious objections to birth control, claiming it still burdens their religious beliefs. After the death of Justice Antonin Scalia, this already complicated case has taken on yet an additional question. Given that the Court will be operating with only 8 Justices, what would be the impact of a tie (4-4) decision? To address the legal and policy questions raised by the case, the Kaiser Family Foundation will hold an interactive web briefing exclusively for journalists.

  • Is There a Health Care Vote? More for Democrats and Women than Other Groups

    News Release

    About One Third of Americans Perceive Wide-Scale Effort to Limit Women’s Reproductive Health Choices and Services; Most Who Do Say the Effort is a ‘Bad Thing’ Health care is one of many issues that will be important for voters in the presidential election, particularly for Democrats and women, finds the March Kaiser Health Tracking Poll.