Today the Federal government issued final regulations on how the contraceptives mandate applies to religious organizations.   

 

In short:    

 

* still only churches are exempt;   

 

* still the "accommodation" for nonprofit faith-based service organizations implicates them in providing insurance coverage of all FDA-approved contraceptive services, including emergency contraceptives that are regarded as abortifacients;   

 

* still for-profit organizations, no matter how faith-shaped their policies and services and no matter the religious convictions of their owners, are afforded no conscience protection whatsoever.

 

Very important:  the temporary enforcement safe harbor has been extended to January 1, 2014.   

 

The final regulations closely follow the draft regulations proposed in February.  Notable features:

 

* The regulations maintain the wrongful distinction between churches, which are exempt from the mandate, and non-church religious organizations, which are only offered an accommodation.

 

* The original four-part definition of an exempt "religious employer" has been changed by eliminating the first three prongs, leaving only the requirement that the organization be nonprofit and be identified in the Internal Revenue Code section that identifies churches and their integrated auxiliaries.  A church that serves the public and that provides material and not only religious sustenance is no longer excluded from the exemption.    

 

* Organizations dedicated to serving the public, rather than being worship-oriented--no matter how religious their inspiration, no matter that all of their staff might be selected on a religious basis, and even though their services to the public are shaped by faith and include religious activities--such organizations remain excluded from the Federal definition of "religious employer."  Real religion, apparently, is a matter of worship, religious teaching, and ritual; service to others, no matter that it is divinely commanded and inspired and guided, is not really a matter of religion.    

 

* The "accommodation" mechanism remains largely as first proposed but is now detailed for self-insured organizations as well as for those who buy insurance coverage from insurance companies.

 

* In the "accommodation" mechanism, the objecting religious organization self-certifies its intent to provide employee insurance that excludes some or all of the contraceptives.  The insurer or third-party insurance administrator is then responsible to tell all of the organization's employees that it--and not the employer--will pay for all contraceptives services they or their dependents receive.  Thus, in the final regulations, the employees are not automatically given individual insurance plans that cover just contraceptives; instead, if they receive contraceptive services, then the insurer or administrator is required to pay for those services.

 

* The insurer or third-party administrator is required not to use funds received from the employer to pay for the contraceptives (and may not charge the employee or dependents).

The regulations are available here.