Supreme Court Protects Little Sisters of the Poor from Contraceptive Mandate

Author: Tracy Morley, XpertHR Legal Editor

January 28, 2013

The Supreme Court issued an order temporarily protecting the Little Sisters of the Poor, an order of Roman Catholic nuns, from complying with a part of the Affordable Care Act that requires employers to provide health insurance that covers contraceptive benefits, while their case, Little Sisters of the Poor Home for the Aged v. Sebelius, is before the US Court of Appeals for the Tenth Circuit. Accordingly, the Little Sisters will not be required to file government-mandated forms authorizing their benefits administrator to provide the contraceptive benefits to which they object. They are, however, required to notify the US Department of Health and Human Services (HHS), in writing, that they are a religious group and object to providing coverage for contraceptive services.

The health care reform law requires that group health plans cover certain preventative services without cost sharing, including coverage for contraception, sterilization and related education and counseling (the "Coverage Mandate" or "Mandate"). Religious groups, such as the Little Sisters, can claim an exemption from the Coverage Mandate by filing EBSA Form 700.

The Little Sisters claim that the form violates their faith because, by signing the form, they would be authorizing their insurers to supply contraceptives to plan participants. Alternatively, the federal government claims that once the form is filed, involvement on behalf of the religious organization ends, and any obligation to provide contraceptive services is imposed by the law.

The Court's ruling will remain in place until the Tenth Circuit resolves their pending case. The order states that the injunction should not be construed as an expression of the Court's views on the merits of the case.

In March, the Court will hear arguments in Sebelius v. Hobby Lobby Stores and Conestoga Wood Specialties Corp. v. US Department of Health and Human Services, to determine if for-profit companies can object to the mandate on religious grounds.