Wednesday, September 25, 2013

Catholic Religious Order Files Class Action Challenging Contraceptive Coverage Mandate

Another non-profit has filed suit challenging the Administration's compromise accommodation for their religious objections to the Affordable Care Act contraceptive coverage mandate. The Final Rules provide for insurance companies or third party administrators to furnish health plan enrollees with coverage for contraceptive services.  Yesterday, the Little Sisters of the Poor filed a class action on behalf of the 200 Catholic non-profits that participate in the Christian Brothers Employee Benefit Trust. The Trust is a self-insured "church plan". The complaint (full text) in Little Sisters of the Poor Home for the Aged v. Sebelius, (D CO, filed 9/24/2013) alleges that:
The trustees of the Christian Brothers Trust have not appointed an administrator of the Christian Brothers Trust that is willing to act as a “third party administrator” under the Final Mandate, because the Christian Brothers Trust would thereby be contracting for, arranging for or otherwise facilitating the provision of abortifacients, sterilizations and contraceptives in violation of Catholic teachings.
Becket Fund issued a press release announcing the filing of the lawsuit.