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Saturday, April 7, 2012

Arizona's HB2625

According to the Arizona Legislature site HB2625 is an Act - AMENDING SECTIONS 20‑826, 20‑1057.08, 20‑1402, 20‑1404 AND 20‑2329, ARIZONA REVISED STATUTES; RELATING TO HEALTH INSURANCE (the bill was so long that I decided to print just the portion that pertains to the uproar.
V.  Notwithstanding subsection U of this section, a religious employer whose religious tenets prohibit the use of prescribed contraceptive methods may require that the insurer provide a blanket disability policy without coverage for all United States food and drug administration approved contraceptive methods.  A religious employer shall submit a written affidavit to the insurer stating that it is a religious employer.  On receipt of the affidavit, the insurer shall issue to the religious employer a blanket disability policy that excludes coverage of prescription contraceptive methods.  A BLANKET DISABILITY POLICY DOES NOT FAIL TO MEET THE REQUIREMENTSOF SUBSECTION U OF THIS SECTION IF THE POLICY'S FAILURE TO PROVIDE COVERAGE OF SPECIFIC ITEMS OR SERVICES REQUIRED UNDER SUBSECTION U OF THIS SECTION IS BECAUSE PROVIDING OR PAYING FOR COVERAGE OF THE SPECIFIC ITEMS OR SERVICES IS CONTRARY TO THE RELIGIOUS BELIEFS OF THE EMPLOYER, SPONSOR, ISSUER, INSURER OR OTHER ENTITY OFFERING THE PLAN OR IS BECAUSE THE COVERAGE IS CONTRARY TO THE RELIGIOUS BELIEFS OF THE PURCHASER OR BENEFICIARY OF THE COVERAGE.  IF AN OBJECTION TRIGGERS THIS SUBSECTION, A WRITTEN AFFIDAVIT SHALL BE FILED WITH THE INSURER STATING THE OBJECTION.  The insurer shall retain the affidavit for the duration of the blanket disability policy and any renewals of the policy.  Before a policy is issued, every religious employer that invokes this exemption shall provide prospective insureds written notice that the religious employer refuses to cover all United States food and drug administration approved contraceptive methods for religious reasons.  This subsection shall not exclude coverage for prescription contraceptive methods ordered by a health care provider with prescriptive authority for medical indications other than to prevent an unintended pregnancy FOR CONTRACEPTIVE, ABORTIFACIENT, ABORTION OR STERILIZATION PURPOSES.  An insurer, EMPLOYER, SPONSOR, ISSUER OR OTHER ENTITY OFFERING THE POLICY may STATE RELIGIOUS BELIEFS IN ITS AFFIDAVIT THAT require the insured to first pay for the prescription and then submit a claim to the insurer along with evidence that the prescription is for a noncontraceptive purpose NOT IN WHOLE OR IN PART FOR A PURPOSE COVERED BY THE OBJECTION.  An insurer may charge an administrative fee for handling these claims under this subsection. A religious employer shall not discriminate against an employee who independently chooses to obtain insurance coverage or prescriptions for contraceptives from another source.
3.  Subsection V of this section, "religious employer" means an entity for which all of the following apply:
(a)  The entity primarily employs persons who share the religious tenets of the entity.
(b)  The entity serves primarily persons who share the religious tenets of the entity.
(c)  The entity is a nonprofit organization as described in section 6033(a)(2)(A)(i) or (iii) of the internal revenue code of 1986, as amended.
Sec. 5.  Section 20-2329, Arizona Revised Statutes, is amended to read:
20-2329.  Prescription contraceptive drugs and devices
B.  Notwithstanding subsection A OF THIS SECTION, a religious employer whose religious tenets prohibit the use of prescribed contraceptive methods may require that the accountable health plan provide a health benefits plan without coverage for all federal food and drug administration approved contraceptive methods.  A religious employer shall submit a written affidavit to the accountable health plan stating that it is a religious employer.  On receipt of the affidavit, the accountable health plan shall issue to the religious employer a health benefits plan that excludes coverage of prescription contraceptive methods.  AN ACCOUNTABLE HEALTH PLAN DOES NOT FAIL TO MEET THE REQUIREMENTS OF SUBSECTION A OF THIS SECTION IF THE PLAN'S FAILURE TO PROVIDE COVERAGE OF SPECIFIC ITEMS OR SERVICES REQUIRED UNDER SUBSECTION A OF THIS SECTION IS BECAUSE PROVIDING OR PAYING FOR COVERAGE OF THE SPECIFIC ITEMS OR SERVICES IS CONTRARY TO THE RELIGIOUS BELIEFS OF THE EMPLOYER, SPONSOR, ISSUER, ACCOUNTABLE HEALTH PLAN OR OTHER ENTITY OFFERING THE PLAN OR IS BECAUSE THE COVERAGE IS CONTRARY TO THE RELIGIOUS BELIEFS OF THE PURCHASER OR BENEFICIARY OF THE COVERAGE.  IF AN OBJECTION TRIGGERS THIS SUBSECTION, A WRITTEN AFFIDAVIT SHALL BE FILED WITH THE ACCOUNTABLE HEALTH PLAN STATING THE OBJECTION. The accountable health plan shall retain the affidavit for the duration of the health benefits plan and any renewals of the plan.
C.  Before enrollment in the plan, every religious employer that invokes this exemption shall provide prospective enrollees written notice that the religious employer refuses to cover all federal food and drug administration approved contraceptive methods for religious reasons.
D.  C.  Subsection B OF THIS SECTION shall not exclude coverage for prescription contraceptive methods ordered by a health care provider with prescriptive authority for medical indications other than to prevent an unintended pregnancy FOR CONTRACEPTIVE, ABORTIFACIENT, ABORTION OR STERILIZATION PURPOSES.  An accountable health plan, EMPLOYER, SPONSOR, ISSUER OR OTHER ENTITY OFFERING THE PLAN may STATE RELIGIOUS BELIEFS IN ITS AFFIDAVIT THAT require the enrollee to first pay for the prescription and then submit a claim to the accountable health plan along with evidence that the prescription is for a noncontraceptive purpose NOT IN WHOLE OR IN PART FOR A PURPOSE COVERED BY THE OBJECTION. An accountable health plan may charge an administrative fee for handling claims under this subsection.
E.  A religious employer shall not discriminate against an employee who independently chooses to obtain insurance coverage or prescriptions for contraceptives from another source.
F.  For the purposes of this section, "religious employer" means an entity for which all of the following apply:
1.  The entity primarily employs persons who share the religious tenets of the entity.
2.  The entity serves primarily persons who share the religious tenets of the entity.
3.  The entity is a nonprofit organization as described in section 6033(a)(2)(A)i or iii of the internal revenue code of 1986, as amended. 

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