Attorney General's Opinion on the Contraception Mandate

Recently the Obama administration mandated that all contraception, including abortion-inducing drugs be included in healthcare plans. This raised the question about whether there were any state laws that might come into conflict with the mandate.  After doing some preliminary research, I have found several state statues that may be in conflict with the new mandate.

To that end, I have sent over a request to the Attorney General to get an opinion.  The wording of the opinion and the research can be found below. Thank you to Representatives Kim Hammer and Lori Benedict for signing on to the opinion.

If you know of any other statues that may be in conflict with the new mandate, please contact me at david.meeks@arkansashouse.org

Here to Serve,

David Meeks

_____________________________________________________________

Dear General McDaniel:

I am writing to request your official opinion on the following questions.

1) Would any state statutes and/or amendments, including those I have enclosed with this request, conflict with the Contraception Mandate?

2) Based on Arkansas Constitutional Amendment 68, would the Contraception Mandate prohibit the legislature from appropriating money to entities that may dispense abortion-inducing drugs listed in the mandate?

If there is any way you might expedite your response to this question, it would be greatly appreciated 

Amendments:

---->Amendment 2 § 24. Religious liberty.

 "All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; no man can, of right, be compelled to attend, erect, or support any place of worship; or to maintain any ministry against his consent. No human authority can, in any case or manner whatsoever, control or interfere with the right of conscience; and no preference shall ever be given, by law, to any religious establishment, denomination or mode of worship, above any other."

---->Amendment 68 I have been told that a possibility exists Amendment 68 could affect certain grants to hospitals, because we appropriate the money. On a separate note, others I have talked to said that the State Employee Health Insurance probably wouldn't be affected by the Mandate and Amendment 68 because it is considered to be self funded.

State Statues:

http://statutes.laws.com/arkansas/title-20/subtitle-2/chapter-16/subchapter-6/20-16-601

---->20-16-601  This deals with abortion and would come into play if they required a physician to administer an abortion inducing drug.

http://insurance.arkansas.gov/PandC/Insurance%20Code%20&%20related%20chapters/Chapter791.htm

---->23-79-510: (2)  EXCLUSIONS.  Subject to the contractual policy form language adopted by the board, the following services, supplies, drugs, or articles whether prescribed by a physician or not shall not be covered:

                    (R)  Any expense or charge for oral contraceptives used for birth control or any other temporary birth control measures;

Subchapter 11

— Equity in Prescription Insurance and Contraceptive Coverage Act

23-79-1101. Title.

This subchapter shall be known and may be cited as the “Equity in Prescription Insurance and Contraceptive Coverage Act”.

23-79-1102. Definitions.

As used in this subchapter:

               (1)(A)  “Health benefit policy” means an individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, or renewed in this state, including those contracts executed by the State of Arkansas on behalf of state employees, by a health care corporation, health maintenance organization, preferred provider organization, accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, provider-sponsored health care corporation, or other insurer or similar entity.

                               (B)  “Health benefit policy” does not include:

                                               (i)  Accident-only, credit, specified disease, dental, hospital indemnity, Medicare supplement, long-term care, or disability income insurance policies;

                                               (ii)  Coverage issued as a supplement to liability insurance;

                                               (iii)  Workers' compensation or similar insurance; or

                                               (iv)  Automobile medical-payment insurance;

               (2)  “Insurer” means an accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health maintenance organization, or any similar entity authorized to issue contracts under Title 23 of this Code; and

               (3)  “Religious employer” means an entity that:

                               (A)  Is organized and operated for religious purposes and has received a section 501(c)(3) designation from the Internal Revenue Service;

                               (B)  Has as one (1) of its primary purposes the inculcation of religious values; and

                               (C)  Employs primarily persons who share its religious tenets.

23-79-1103. Parity for contraceptives.

(a)  Every health benefit policy that is delivered, issued, executed, or renewed in this state or approved for issuance or renewal in this state by the Insurance Commissioner on or after August 12, 2005, that provides coverage for prescription drugs on an outpatient basis shall provide coverage for prescribed drugs or devices approved by the United States Food and Drug Administration for use as a contraceptive.

---->(b)  Nothing contained in this subchapter shall be construed to require any insurance company to provide coverage for an abortion, an abortifacient, or any United States Food and Drug Administration-approved emergency contraception.

23-79-1104. Extraordinary surcharges prohibited.

(a)  No insurer shall impose upon any person receiving prescription contraceptive benefits pursuant to this subchapter any:

               (1)  Copayment, coinsurance payment, or fee that is not equally imposed upon all individuals in the same benefit category, class, coinsurance level, or copayment level receiving benefits for prescription drugs; or

               (2)  Reduction in allowable reimbursement for prescription drug benefits.

(b)  This subchapter shall not be construed to:

               (1)  Require coverage for prescription coverage benefits in any contract, policy, or plan that does not otherwise provide coverage for prescription drugs;

               (2)(A)  Preclude the use of closed formularies.

                               (B)  However, the formularies shall include oral, implant, and injectable contraceptive drugs, intrauterine devices, and prescription barrier methods; or 

  ------->  (3)  Require any religious employer to comply with this subchapter.

Week in Review at the Capitol- March 25th

Christopher Columbus would have found it difficult to navigate a proposed congressional redistricting map that forcefully sailed its way through the House State Agencies Committee this week. Dubbed the “Pig Trail Gerrymander” for its suspicious meandering, creative carvings and raw partisanship, the redistricting proposal ruffled plenty of feathers during week eleven of the 88th General Assembly.

Entering the fourth quarter of the session meant two-a-days for lawmakers, with the House convening twice a day and legislative committees holding multiple daily meetings. Cruising full speed ahead, members passed a bill Monday to decrease voter fraud and ensure fair elections. The measure requires Arkansans to present a voter ID card when casting a ballot at the polls, and would allow county clerks to issue identification cards to individuals without driver’s licenses. House Bill 1797 is currently en route to the Senate for consideration.

Arkansas owes $330 million in unemployment benefits to the federal government. In order to responsibly address this debt, we passed a bill to place a cap on unemployment benefits and cut the benefit period by a week. The measure could potentially save our state $50 to $75 million annually, thus shoring up money to begin balancing our unemployment trust fund.

Midweek, the marble halls of Capitol Hill echoed with concerns of over four-hundred Arkansans who gathered to protest several bills threatening the livelihood of our state’s natural gas industry. The five measures would have imposed burdensome regulations on an industry that provides jobs for Arkansans and revenue for our state. After mounting opposition from conservative lawmakers like myself and hundreds of citizens, one bill failed to pass the House Agriculture, Forestry and Economic Development Committee, while the remaining four were successfully removed from consideration and sent to interim study.

Gerrymandering is the art of manipulating geographical boundaries to achieve a political advantage for a particular party. Every decade the Arkansas Legislature is charged with redrawing the boundaries of our state’s four congressional districts using U.S. Census data. This week, the State Democratic Party endorsed a proposed congressional redistricting map that unfairly gerrymanders Arkansas’ four congressional districts.

Conservative legislators believe the proposed "Pig Trail Gerrymander" or "Fayetteville Finger" map ignores the traditional communities of interest in Arkansas and only exists for raw partisan purposes. Most notably it puts the northwest city of Fayetteville into the fourth congressional district, which currently encompasses the southern region of our state. Arkansas has four defined regions, the Ozarks, Northeast Delta, Central Arkansas and Southern Timberlands. The full House is expected to vote on the “Pig Trail Gerrymander” early next week, and I intend to fight this partisan power grab to protect the people of Arkansas. You can view the map at www.arkansasgop.org.

The full House passed a resolution this week that would refer to Arkansas voters a constitutional amendment creating a half-cent temporary sales tax increase to fund construction of a four-lane highway system. I opposed this resolution because the taxes in Arkansas are already too high. It is time we look at where our state money is currently going and find ways to fund our roads from existing funds. This proposal is one of several constitutional amendments being considered by the Legislature. The General Assembly has the authority to refer up to three measures to the people in the 2012 general election.

A bill to implement the Patient Protection and Affordable Care Act in Arkansas failed in the House Insurance and Commerce Committee Friday, falling short of eleven votes needed to pass. House Bill 2138 would have established insurance exchanges necessary to the implementation of the healthcare law. More than half the states, 28 and counting, are challenging the law in court on the grounds it violates the constitutional rights of their citizens. Until we know how the Supreme Court will rule on the federal healthcare law, we do not need to spend more money implementing the law in Arkansas.

House members also approved a bill that would allow public schools to adopt curriculum standards to teach the Bible for academic significance. The measure, which passed our chamber with a vote of 71-16, now goes to the Senate for consideration.

I also had the honor of closing out the week in the House by banging the final gavel as we adjourned. You can view that clip here: http://arkansas-house.granicus.com/MediaPlayer.php?view_id=2&clip_id=539&meta_id=23192

What to watch for:

Despite opposition from an overwhelming majority of Arkansans, the Democrats are intent on implementing Obamacare here in Arkansas. On Monday, expect HB2138 and SB880, which would allow the job killing law to be implemented here to be brought back up in there respective committees.

Two pro-life Senate bills are headed to the Arkansas House for consideration. As a pro-life conservative, I intend to support these vital pieces of legislation.

A battle is brewing over congressional redistricting. Stay tuned for the finishing results.

The final significant piece of legislation lawmakers will approve before the session’s end is the budget bill, also known as the Revenue Stabilization Act. Because we held the line on spending to reduce taxes for Arkansans, the final balanced budget will be much smaller than originally proposed.

Since January 10, House members have tackled hundreds of critical pieces of legislation, and with just days to go until our scheduled April 1 recess, I will continue my fight to protect your values and move our state forward.

As your Representative, I am honored to serve you in the Arkansas House of Representatives. Please contact me with any questions or concerns you may have. My email is david.meeks@arkansashouse.org

I also encourage you to visit www.arkansashouse.org where you can view live stream committee meetings and proceedings happening on the House floor from anywhere in the state.

Week in Review at the State Capitol- March 4th

A political earthquake mimicked tremors felt across the natural state this week as legislators in the Arkansas House shook up the marble halls of Capitol Hill. From debate on fluoride in drinking water to lawmakers giving the full court press on spending increases, week eight of the legislative session was bursting with seismic activity.

Appropriation bills for various state agencies were on the table Tuesday and Wednesday, but concerns quickly arouse when House members learned these funding bills included spending increases. An appropriation bill grants a state agency authority to spend money. Under the state constitution, appropriation bills must acquire at least 75 votes in the 100-member House to pass. Even as one appropriation for the state crime lab passed, conservative lawmakers argued that in order to stop the growth of government, we must act with fiscal responsibility when appropriating money that affects our state budget.

A bill requiring Arkansas flags purchased by state government to be manufactured in the United States rather than overseas passed the Arkansas House on Tuesday. The Senate Committee on State Agencies and Governmental Affairs will consider this patriotic measure next week.

The full House passed a bill on Wednesday that would grant parents the right to purchase child-only health insurance policies. House Bill 1428 would create policies for families of children with conditions that prevent insurance companies from providing coverage. The bill now heads to the Senate for consideration.

While we voted 90-3 last week in favor of House Bill 1369, which creates a sales tax holiday on back-to-school items, Wednesday the Senate Revenue and Tax Committee failed to garner five votes needed to pass the measure out of the eight-member committee and onto the Senate floor. With Republican support, it’s unfortunate our colleagues across the aisle declined an opportunity to provide relief to working families and protect Arkansas’ businesses. I am hopeful this common sense tax-cut will be reconsidered in our final weeks.

The Arkansas House approved a bill midweek that would provide fluoridated water to most Arkansas homes. Senate Bill 359 requires cities with more than 5,000 residents to fluoridate their water systems. Opponents of the bill argued that mandating cities to fluoridate water strips local control away from communities. On the other hand, supporters testified that fluoride in water would provide tremendous dental health benefits to Arkansans, including the prevention of tooth decay in children and adults. The bill now goes to the Governor for final approval.

A website that allows the public to provide input on the legislative redistricting process was launched by Secretary of State Mark Martin this week. While the Legislature is charged with redrawing boundaries for Arkansas’ four congressional districts, the Board of Apportionment must use 2010 Census data to redraw the state’s legislative districts. The Apportionment Board includes the Secretary of State, Governor and Attorney General. Reapportionment is expected to begin later this month, and I highly encourage you to participate in this historic process by visiting www.arkansasredistricting.org.

What to watch for:

· Additional House-endorsed tax-cuts, such as House Bill 1002, the Capital Gains Reduction Act, are currently en route to the Senate Revenue and Tax Committee. Keep a close eye on how Senate committee members vote on tax relief measures that passed our full chamber with bi-partisan support.

· The 167-page prison reform bill is now on the table. Prison growth is projected to increase rapidly over the next decade, meaning more cost to our state. Expect debate and discussion on this legislation in the coming week.

I recognize our state’s economic potential and respect your conservative values, which is why I’ve committed to holding the line on government spending and advocating responsible tax-cut proposals. In our final four weeks, the Arkansas House and Senate will negotiate which tax cuts to send to the Governor’s office for consideration. What’s crucial to remember is cutting taxes does not translate into cutting essential services for Arkansans. As a legislative body, we must decide whether we support more of your money flowing into state coffers or whether we want to cut taxes and put that money back in your pockets.

As your Representative, I am honored to serve you in the Arkansas House of Representatives. Please feel free to contact me with any questions or concerns you may have. My email is david.meeks@arkansashouse.org

I also encourage you to visit www.arkansashouse.org where you can view committee meetings and proceedings happening on the House floor from anywhere in the state.

Week in Review at the State Capitol- February 25th

What do you get when you cross wild hogs with tax cuts and the Second Amendment? If you guessed week seven of the 88th General Assembly, then you’re correct.

House members began an eventful week on President’s Day, which since 2001, is also recognized as Daisy Gatson Bates Day in Arkansas. We passed a resolution to honor the life and legacy of Bates, who worked as a civil rights leader and advisor to the “Little Rock Nine” as they integrated Central High School in 1957.

A government mandate to require Arkansans to buckle up in the back seat of a vehicle failed to pass the House on Tuesday with a vote of 34-57. House Bill 1356 is an unnecessary intrusion into the private lives of Arkansans, and would have established a $25 fee for adults caught not wearing a seat belt in the back seat.

A tax cut trio is en route to the Arkansas House, after the full Senate passed three measures on Tuesday. Senator Gilbert Baker's Senate Bill 274, a used car tax reduction which raises the exemption on used car sales from $2,500 to $5,000. Senator Bill Sample's Senate Bill 275, a manufacturers' utility tax cut which cuts the sales tax manufacturers pay on natural gas and electricity from 3.25 percent to 2.75 percent. Senator Larry Teague's Senate Bill 276, a grocery tax reduction which cuts the sales tax on groceries by a half-cent.

A bill designed to create a sales tax holiday for the purpose of back to school shopping was approved Wednesday by the Arkansas House with a 90-3 vote. Rep. Matthew Shepherd’s House Bill 1369 would exempt items such as clothing and school supplies from state sales tax the first weekend of August every year. Establishing a tax-free weekend for school shopping will allow working families, teachers and school districts to save money and better provide for students. Most surrounding states already have a similar tax-free weekend in effect. The bill now heads to the Senate for consideration.

Tax cuts will help transform our state into an economic engine for business growth and private sector job creation. In the coming weeks, the Arkansas House and Senate will negotiate which tax cuts to send to the Governor’s office to sign. What’s crucial to remember is cutting taxes does not translate into cutting essential services. Any tax cut measure passed by each chamber and approved by the Governor will be spent from the administration’s projected 2.5 percent growth in state spending. Instead of increasing state spending, we need to cut taxes and stimulate economic development.

Meanwhile, the State Agencies and Governmental Affairs House Committee has begun to review about a dozen proposals for constitutional amendments. The General Assembly is allowed to refer up to three measures to the 2012 ballot for voters to consider. One notable amendment is by Senator Jason Rapert, which would require a 75 percent majority of both legislative chambers to pass a tax increase. Most taxes, including the sales tax, can be raised with only a 51 percent majority. However, the income tax and some other taxes already require a 75 percent majority.

The House State Agencies Committee also considered a bill by Rep. Jon Hubbard Wednesday which would deny state benefits to illegal immigrants except in emergencies. This is a bill I fully supported. Unfortunately after hours of debate, the bill failed in committee with a party line vote of eight Democrats voting no and 9 Republicans voting yes.

While a thunderstorm was brewing outside the Capitol on Thursday, inside lawmakers passed a resolution to finish legislative work by April 1 and return for a “sine die” on April 27. A “sine die” is the final adjournment of the legislative session. We have a number of critical issues to tackle in the final five weeks of the session including highway funding, prison reform and congressional redistricting.

A Senate bill to strengthen Second Amendment rights was passed Thursday in the Arkansas House. The measure prevents cities or counties from taking up guns in case of emergency declared by the governor.

On Thursday, we passed a measure making it illegal to release a hog into the wild. Violators would face a $1,000 fine. Supporters of the bill say Arkansas’ wild hog population has exploded in recent years, which is ironic seeing as though we live in “Razorback Country.”

What to watch for:

· House Speaker Robert Moore revealed a $2.8 billion highway program which includes a proposal to raise the state diesel tax by 5 cents a gallon and another proposal to impose a temporary half-cent sales tax. According to the proposal, the diesel tax would be referred to voters in a special election next year while the half-cent sales tax increase would be placed on the November 2012 general election ballot.

Since commencing the session in January, lawmakers in the Arkansas House of Representatives have filed 607 bills as of Friday afternoon. Only 146 bills from the Legislature have been signed into law by Governor Beebe. The deadline to file bills is Monday, March 7.

As your Representative, I am honored to serve you in the Arkansas House of Representatives. Please feel free to contact me with any questions or concerns you may have. My email is david.meeks@arkansashouse.org

I also encourage you to visit www.arkansashouse.org where you can watch committee meetings and proceedings happening on the House floor from anywhere in the state