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Governance of conflicted collaborative arrangements
Published in Gerard Magill, Lawrence Prybil, Governance Ethics in Healthcare Organizations, 2020
Gerard Magill, Lawrence Prybil
The principle of cooperation can defuse the controversy by providing boards in Catholic organizations a way to plan collaborative arrangements to address this government mandate for contraception coverage. There are Catholic organizations that provide their employees with a health plan through an insurance company. Also, there are Catholic organizations that are self-insured, though they may use insurance companies to service their health plan and insurance claims. In both situations, the principle of cooperation can justify practices that resolve the problem related to the government’s contraception mandate.
Healthcare Policy in the United States
Published in Kant Patel, Mark Rushefsky, Healthcare Politics and Policy in America, 2019
The administration also sought ways to limit the contraception mandate in the Affordable Care Act. Under rules issued by the Obama administration, free coverage of contraceptives was part of the required essential benefits to be included in health insurance plans. The Hobby Lobby case allowed certain types of corporations to deny contraceptive coverage to their employees. The Obama administration sought to find ways around the ruling, which we discuss in Chapter 3.
The Main Considerations
Published in Robert F. Card, A New Theory of Conscientious Objection in Medicine, 2020
The HHS Final Rule put in place by the Bush administration was rescinded by the Obama administration several months after it took effect (Department of Health and Human Services, “Rescission”). In 2010, the Obama administration passed the Affordable Care Act (ACA), which included a contraceptive mandate requiring employers to provide employees with health insurance and to cover the cost of some contraceptives in their health care plan. This sparked legal action since, as we have discussed, some individuals believe that medications such as hormonal birth control and emergency contraception kill early zygotic life. On this basis, these objectors maintained that covering some of its cost is contrary to their moral and religious convictions. HHS at the direction of President Donald Trump issued new conscience protections in 2018 to address such cases; as the Final Rule to protect conscience rights in health insurance states:Since Roe v. Wade in 1973, Congress and the states have consistently offered religious exemptions for health care providers and others concerning issues such as sterilization and abortion, which implicate deep disagreements on scientific, ethical, and religious (and moral) concerns. Indeed over the last 44 years, Congress has repeatedly expanded religious exemptions in similar cases, including to contraceptive coverage…. Thus, we conclude it is appropriate to specify in these final rules, that, if the Guidelines continue to maintain a contraceptive coverage requirement, the expanded exemptions will apply to those Guidelines and their enforcement.This Final Rule quotes with approval earlier conscience protections, which state that no entity which receives federal funding may discriminate against a medical student or medical provider on the basis of their “reluctance, or willingness, to counsel, suggest, recommend, assist, or in any way participate in the performance of abortions or sterilizations contrary to or consistent with the applicant's religious beliefs or moral convictions” (Church Amendments). These recent conscience protections are extended to this new realm on the basis of the same broad notion of moral complicity criticized prior. The rule broadly extends the notion of “assist in the performance” of abortion or sterilization (or other care) to mean “to take an action that has a specific, reasonable, and articulable connection to furthering a procedure or part of a health service program or research activity undertakes by or with another person or entity” (Sepper).
Accepting Things at Face Value: Insurance Coverage for Transgender Health Care
Published in The American Journal of Bioethics, 2018
An example of establishing the content of a coverage mandate is the role of the Institute of Medicine (IOM) in identifying preventive services necessary for women’s health and well-being. The IOM (2011) recommended coverage for “the full range of Food and Drug Administration-approved contraceptive methods, sterilization procedures, and patient education and counseling for women with reproductive capacity” (10). The controversy over the contraceptive mandate and the current political climate should nonetheless be acknowledged as impediments.