In Minnesota Legislature, contraceptives coverage bill to be proposed

July 31--Spurred by a recent Supreme Court ruling, DFLers in the state House say they will introduce legislation next year to require insurance coverage for contraceptives by certain employer health plans in Minnesota.

House Majority Leader Erin Murphy, DFL-St. Paul, says the legislation is needed because of a U.S. Supreme Court ruling that upheld a challenge by crafts retailer Hobby Lobby to mandated contraceptive coverage in the federal Affordable Care Act.

"This is a basic medical need -- basic health care for women and families -- and it's important that women can count on their employer-based coverage to cover it," Murphy said Wednesday during a news conference outside the state Capitol. "Contraception is an important basic health intervention for women, and we should make sure it's available and affordable."

Hobby Lobby argued the contraceptive mandate infringed on the religious views of the closely held company's owners. A majority of court justices agreed and said the ruling should have a limited impact on employer health plans because it was focused on closely held companies.

But Murphy and others fear the court's ruling could prompt many employers to stop providing contraceptive coverage.

Her legislation would require employer health plans in Minnesota to include coverage for all government-approved contraceptive methods and procedures if the insurance policy includes prescription drug coverage.

Employers would be required to provide access to contraceptives without cost-sharing. Murphy said 28 states already have enacted similar legislation.

Kim Crockett of the Center of the American Experiment, a conservative group based in Golden Valley, said she opposed the proposal.

Contraceptives already are widely covered by health plans in the state, she said. Where they aren't, the mandate would add to the cost of health insurance, which would result in less pay or fewer benefits for women in the state, Crockett said.

"The idea that women are having trouble accessing contraceptives does not ring true," she wrote in an email.

Murphy's proposal would apply only to "fully insured" employer health plans, which provided coverage to about 23 percent of all state residents in 2012, according to the Minnesota Council of Health Plans.

Many of the state's largest employers have "self-insured" plans, which would not be subject to Murphy's proposal.

Bill sponsors say, however, that the legislation would create some legal protections for women covered through self-insured plans.

Historically, smaller employers that don't do business in multiple states have opted for fully insured health plans, whereas larger multi-state employers have tended to buy self-insured policies that aren't subject to state regulation. The number of people covered under fully insured health plans has been declining in Minnesota.

Murphy's proposal would include an exemption to the contraceptive coverage requirement for nonprofit religious employers including churches.

"I think we're recognizing the tension in an appropriate way," Murphy said. "We believe for-profit corporations should not be able to exercise their religious views over their employees by denying contraceptive care."

Closely held for-profit employers would be required to disclose to all prospective and current employees if they have employment policies derived from the beliefs of principal shareholders that result in other coverage limitations.

If passed next year, the legislation would take effect July 1, 2015.

Christopher Snowbeck can be reached at 651-228-5479.

Follow him at twitter.com/ chrissnowbeck.

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