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