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

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

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

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

(4)  The entity is a nonprofit organization as definedunder 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 controlledby the religious employer is included in this exemption.

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

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

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

(2)  Provide written information describing how anenrollee may directly access contraceptive services and supplies in anexpeditious manner; and

(3)  Ensure that enrollees who are refusedcontraceptive services and supplies coverage under this section have promptaccess to the information developed under paragraph (2).  Such notice shallappear, in not less than twelve-point type, in the policy, application, andsales brochure for such policy.

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

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

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

(g)  For purposes of this section:

"Contraceptive services" meansphysician-delivered, physician-supervised, physician assistant-delivered, nursepractitioner-delivered, certified nurse midwife-delivered, nurse-delivered, orpharmacist-delivered medical services intended to promote the effective use ofcontraceptive supplies or devices to prevent unwanted pregnancy.

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