Here are responses to my own questions:
*Interim Final Rule for Non-profits*
The administration is issuing interim final regulations that lay out an
additional way for organizations eligible for an accommodation to provide
notice of their religious objection to providing coverage for contraceptive
services. The rule allows these eligible organizations to notify the
Department of Health and Human Services in writing of their religious
objection to providing contraception coverage. HHS and the Department of
Labor will then notify insurers and third party administrators so that
enrollees in plans of such organizations receive separate coverage for
contraceptive services, with no additional cost to the enrollee or the
employer. The interim final rule solicits comments, but goes into effect
upon publication.
The interim final rule is here:
https://s3.amazonaws.com/public-inspection.federalregister.gov/2014-20252.pdf
*NPRM on Closely Held For-Profit Entities*
The administration is also issuing a proposed rule soliciting comments on
how it might extend to certain closely held for-profit entities, like Hobby
Lobby, the same accommodation that is available to non-profit religious
organizations. Under the proposal, these companies would not have to
contract, arrange, pay or refer for contraceptive coverage to which they
object on religious grounds. The proposal seeks comment on how to define a
closely held for-profit company and whether other steps might be
appropriate to implement this policy.
The notice of proposed rulemaking is here:
https://s3.amazonaws.com/public-inspection.federalregister.gov/2014-20254.pdf
On Fri, Aug 22, 2014 at 3:46 PM, Berg, Thomas C. <tcb...@stthomas.edu>
wrote:
> The two proposals from HHS are out now:
>
> http://www.ofr.gov/OFRUpload/OFRData/2014-20252_PI.pdf (interim final
> rules allowing non-profits to notify HHS to claim the accommodation)
> http://www.ofr.gov/OFRUpload/OFRData/2014-20254_PI.pdf (proposal to
> expand the accommodation to closely held for-profits)
>
> -----------------------------------------
>
> Thomas C. Berg
>
> James L. Oberstar Professor of Law and Public Policy
>
> University of St. Thomas School of Law
>
> MSL 400, 1000 LaSalle Avenue
>
> Minneapolis, MN 55403-2015
>
> Phone: 651 962 4918
>
> Fax: 651 962 4881
>
> E-mail: tcb...@stthomas.edu
>
> SSRN: http://ssrn.com/author='261564
>
> Weblog: http://www.mirrorofjustice.blogs.com
>
>
> ----------------------------------------------------------------------------
> ------------------------------
> *From:* religionlaw-boun...@lists.ucla.edu [
> religionlaw-boun...@lists.ucla.edu] on behalf of Marty Lederman [
> lederman.ma...@gmail.com]
> *Sent:* Friday, August 15, 2014 11:05 AM
> *To:* Law & Religion issues for Law Academics
> *Subject:* Re: "Administration to ‘Augment’ ACA Contraceptive Rules"
>
> I blogged about it here:
>
> http://balkin.blogspot.com/2014/07/confirmation-that-supreme-courts.html
>
> DOJ has now told the 10th Circuit that the new reg will be issued no
> later than a week from today (Aug. 22).
>
>
> On Fri, Aug 15, 2014 at 11:54 AM, Conkle, Daniel O. <con...@indiana.edu>
> wrote:
>
>> This is old news, but I hadn’t seen it and so pass it along in case
>> others missed it as well.
>>
>>
>>
>> Administration to ‘Augment’ ACA Contraceptive Rules
>>
>>
>>
>> July 24 — The Obama administration intends to issue interim final rules
>> within a month regarding the “accommodations” granted to religious
>> nonprofit organizations that object to providing contraceptive coverage
>> under the Affordable Care Act, according to a government brief
>> <http://www.bloomberglaw.com/public/document/Little_Sisters_of_the_Poor_et_al_v_Burwell_et_al_Docket_No_130154>
>> filed July 22 (Little Sisters of the Poor v. Burwell, 10th Cir., No.
>> 13-1540, brief filed 7/22/14).
>>
>>
>>
>> . . . . .
>>
>>
>>
>> “The Wheaton College injunction does not reflect a final Supreme Court
>> determination that RFRA requires the government to apply the accommodations
>> in this manner,” the July 22 DOJ brief said. “Nevertheless, the Departments
>> responsible for implementing the accommodations have informed us that they
>> have determined to augment the regulatory accommodation process in light of
>> the Wheaton College injunction and that they plan to issue interim final
>> rules within a month. . . .”
>>
>> “The administration believes the accommodation is legally sound, but in
>> light of the Supreme Court order regarding Wheaton College, the departments
>> intend to augment their regulations to provide an alternative way for
>> objecting non-profit religious organizations to provide notification, while
>> ensuring that enrollees in plans of such organizations receive separate
>> coverage of contraceptive services without cost sharing,” a senior
>> administration official told reporters in a briefing July 22. The official
>> spoke on condition of anonymity.
>>
>>
>>
>>
>>
>> Bloomberg BNA, U.S. Law Week (subscription required)
>>
>>
>>
>>
>> http://news.bna.com/lwln/LWLNWB/split_display.adp?fedfid=50879221&vname=lw1notallissues&fcn=56&wsn=498320000&fn=50879221&split=0
>>
>>
>>
>>
>>
>> Daniel O. Conkle
>> ************************************************
>> Daniel O. Conkle
>> Robert H. McKinney Professor of Law
>> Indiana University Maurer School of Law
>> Bloomington, Indiana 47405
>> (812) 855-4331
>> fax (812) 855-0555
>> e-mail con...@indiana.edu
>> ************************************************
>>
>>
>>
>> _______________________________________________
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>>
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>>
>
>
> _______________________________________________
> To post, send message to Religionlaw@lists.ucla.edu
> To subscribe, unsubscribe, change options, or get password, see
> http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw
>
> Please note that messages sent to this large list cannot be viewed as
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>
--
Ira C. Lupu
F. Elwood & Eleanor Davis Professor of Law, Emeritus
George Washington University Law School
2000 H St., NW
Washington, DC 20052
(202)994-7053
Co-author (with Professor Robert Tuttle) of "Secular Government, Religious
People" ( Wm. B. Eerdmans Pub. Co., 2014))
My SSRN papers are here:
http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=181272#reg
_______________________________________________
To post, send message to Religionlaw@lists.ucla.edu
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