Contraceptives

News & Analysis as of

High Court Employee Benefits Cases: A Review and Look Ahead

Having settled into the new year, we reflect on decisions from the U.S. Supreme Court in 2013 that are likely to have a significant impact in the world of pension and welfare employee benefits and, in some cases, already have...more

Shaking Down the Thunder from the Sky: Notre Dame’s Challenge to the Contraception Mandate

The Supreme Court will inevitably decide to what extent the Religious Freedom Restoration Act protects religiously affiliated employers from providing insurance coverage for contraceptive services, as is generally required...more

Supreme Court to Review Constitutionality of Employer Contraception Mandate

Last week, the U.S. Supreme Court agreed to review another challenge to a portion of the Affordable Care Act. Hobby Lobby, a chain of crafts and hobby stores sued, challenging the ACA’s provision which mandates that...more

Notice to Plans and PBMs: Pay for Contraceptive Services and Maybe We Will Pay You Back

As has been widely covered in the news, regulations and guidance developed under the Affordable Care Act (“ACA”) require that non-grandfathered health plans make preventive care and screenings available to their members at no...more

ERISA Fiduciary Duties and the Tension Between the Affordable Care Act and the Religious Freedom Restoration Act

The Patient Protection and Affordable Care Act ("ACA") has significantly changed the healthcare industry in the United States. Among the many changes is the new requirement that healthcare providers must provide all "Food...more

Labor & Employment E-Note - January 16, 2014

In This Issue: - 13 States Set to Raise Minimum Wage, 11 More Consider Increases - EEOC Reports $372.1M in Monetary Relief for Workplace Bias Claims - N.Y.U. Graduate Assistants Vote to Affiliate with UAW -...more

Does Obamacare Strike the Right Balance Between Women’s Contraceptive Rights and Religious Freedom?

Effective for plan years beginning on or after January 1, 2014, employer-sponsored group health plans that are not grandfathered must provide women with access to a list of 16 contraceptive services without cost sharing...more

Would Hobby Lobby Stores, Inc. Have A Stronger Case As A Flexible Purpose Corporation?

Steve Hazen alerted me to the fact that California Attorney General Kamala D. Harris has filed an amicus brief in Sebelius v. Hobby Lobby Stores, Inc., U.S. Supreme Court Docket No. 13-354. The question presented in that...more

U.S. Supreme Court Takes Up Two Cases On the Affordable Care Act’s Contraceptive Mandate

On November 26, 2013, the United States Supreme Court announced it would hear two cases that test the provision of the Affordable Care Act (ACA) known as the contraceptive mandate, which requires employer-provided group...more

The Supreme Court to Hear Hobby Lobby Case: What does it mean for Title VII?

The Supreme Court announced last week that it will hear two cases in which for-profit businesses are challenging the Affordable Care Act’s (“ACA”) “contraceptive mandate” on freedom of religion grounds. The key issue before...more

Religious Institutions Update - December 2013

A federal district court has ruled unconstitutional one of the most important tax benefits available to ministers: the minister's housing allowance. A summary of the case follows. The ruling threatens to have a dramatic...more

Health Reform + Related Health Policy News - July 2013

In This Issue: - Top News ..Obama Administration Delays Employer Mandate One Year ..House Energy and Commerce Committee Releases Draft Legislation for SGR Fix ..CMS Proposes Payment Changes for Medicare...more

Serious Risks Of Yaz And Related Drospirenone Birth Control Pills Prompt Lawsuit

In 2011, the U.S. Food and Drug Administration began issuing warnings that birth control pills containing drospirenone — including brand names Yaz, Yasmin, Beyaz, Safyral and their generics Gianvi, Loryna, Ocella, Syeda and...more

Women Injured From Transvaginal Mesh Entitled To Legal Recourse

Millions of women experience a weakening of the muscles in the pelvic region called pelvic organ prolapse (POP) that can cause certain organs — the bladder, bowel, urethra and uterus in particular — to “drop,” typically in...more

Tenth Circuit Rules in Favor of Religious For-Profit Corporations in Birth Control Litigation under the Affordable Care Act

In Hobby Lobby Stores, Inc. et al. v. Sebelius, et al.,1 an en banc panel of the U.S. Court of Appeals for the Tenth Circuit held that Hobby Lobby Stores Inc. and Mardel Inc., two for-profit corporations owned and operated by...more

Health Care Reform Implementation Update - July 3, 2013

The Obama administration announced yesterday it was delaying the Affordable Care Act’s (ACA) Employer Mandate, which requires employers with 50 or more full-time workers to provide affordable health insurance to its employees...more

Final Affordable Care Act Regulations on the Exemption of Contraceptives Coverage by Religious Employers and Student Health...

The final regulations retain the definition of a religious employer, modify the accommodations provided for eligible organizations that object to contraception coverage on religious grounds, and describe how contraceptives...more

Monthly Benefits Update - June 2013

Defense of Marriage Act - Supreme Court Ruling on United States v. Windsor - The U. S. Supreme Court has ruled that a portion of the Defense of Marriage Act (DOMA) is unconstitutional. ...more

Health Reform + Related Health Policy News - May 2013

In This Issue: - Top News ..HHS Releases Hospital Pricing Data in Transparency Effort; Results Show Significant Variation ..States Divided on Medicaid Expansion ..CMS Issues FY 2014 Proposed Rules for...more

Bayer Healthcare Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc. (Fed. Cir. 2013)

Contraceptives were the subject of the Federal Circuit's recent decision in Bayer Healthcare Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc. But, unfortunately, it's a rather fact-specific case with nothing of prurient...more

Federal Court Orders FDA to Approve OTC Sales of “Morning-After Pill,” Finds Current Age and Point-of-Sale Restrictions to be...

On April 5, 2013, Judge Edward R. Korman of the United States District Court for the Eastern District of New York found that the Secretary of Health and Human Service’s (“HHS”) decision to limit over-the-counter (“OTC”)...more

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