§431:10A-116.7  Contraceptive services;
religious employers exemption.  (a)  A "religious employer" is an
entity for which each of the following is true:



(1)  The inculcation of religious values is the
purpose of the entity;



(2)  The entity primarily employs persons who share
the religious tenets of the entity;



(3)  The entity is not staffed by public employees;
and



(4)  The entity is a nonprofit organization as defined
under section 501(c)(3) of the Internal Revenue Code of 1986, as amended.



For the purpose of this definition, any educational,
health care, or other nonprofit institution or organization owned or controlled
by the religious employer is included in this exemption.



(b)  Notwithstanding any other provision of
this chapter, any religious employer may request an accident and health or
sickness insurance plan without coverage for contraceptive services and
supplies that are contrary to the religious employer's religious tenets.  If so
requested, the accident and health or sickness insurer, mutual benefit society,
or health maintenance organization shall provide a plan without coverage for
contraceptive services and supplies.  This subsection shall not be construed to
deny an enrollee coverage of, and timely access to, contraceptive services and
supplies.



(c)  Each religious employer that invokes the
exemption provided under this section shall:



(1)  Provide written notice to enrollees upon
enrollment with the plan, listing the contraceptive health care services the
employer refuses to cover for religious reasons;



(2)  Provide written information describing how an
enrollee may directly access contraceptive services and supplies in an
expeditious manner; and



(3)  Ensure that enrollees who are refused
contraceptive services and supplies coverage under this section have prompt
access to the information developed under paragraph (2).  Such notice shall
appear, in not less than twelve-point type, in the policy, application, and
sales brochure for such policy.



(d)  Nothing in this section shall be construed
to exclude coverage for prescription contraceptive supplies ordered by a health
care provider with prescriptive authority for reasons other than contraceptive
purposes, such as decreasing the risk of ovarian cancer or eliminating symptoms
of menopause, or for prescription contraception that is necessary to preserve
the life or health of an enrollee.



(e)  Accident and health or sickness insurers,
mutual benefit societies, and health maintenance organizations shall allow
enrollees in a health plan exempted under this section to directly purchase
coverage of contraceptive supplies and outpatient contraceptive services.  The
enrollee's cost of purchasing such coverage shall not exceed the enrollee's pro
rata share of the price the group purchaser would have paid for such coverage
had the group plan not invoked a religious exemption.



(f)  This section shall not be construed as to
require an accident and health or sickness insurer, mutual benefit society,
health maintenance organization, health care facility, or health care provider
to provide any health care services without appropriate payment of premium or
fee.



(g)  For purposes of this section:



"Contraceptive services" means
physician-delivered, physician-supervised, physician assistant-delivered, nurse
practitioner-delivered, certified nurse midwife-delivered, nurse-delivered, or
pharmacist-delivered medical services intended to promote the effective use of
contraceptive supplies or devices to prevent unwanted pregnancy.



"Contraceptive supplies" means all United
States Food and Drug Administration-approved contraceptive drugs or devices
used to prevent unwanted pregnancy. [L 1999, c 267, §1; am L 2003, c 201, §4
and c 212, §74]