Earlier this month, the Department of Health and Human Services (HHS) put out an “Advance Notice of Proposed Rulemaking” (ANPRM) seeking additional input and public engagement on how to proceed with implementation of and the religious exemption for contraceptive coverage under the Affordable Care Act.

As you know, over the past two months the Obama Administration has sparked much debate over its decision to require employers to provide coverage for essential preventive care, including contraceptives, free of charge. Houses of worship have always been exempt from this plan, but many on the Right believe all religious organizations – hospitals, universities, for-profit businesses, and even individuals – should be allowed to fully deny coverage of these services as well. This controversy has prompted everything from a messy congressional hearing (aptly referred to on twitter as #issacircus, for its chairman, Rep. Darryl Issa), to a new “religious liberty” proclamation from the Catholic Bishops.

The ANPRM seeks to clarify the Administration position on a number of issues, and solicits additional public input on outstanding questions. First, the lines have not yet been set defining who exactly will be eligible for the exemption – how should “religious employers” be defined?  Should it cover religious for-profit companies?  (We think decidedly not.)  How should insurance plan participants and beneficiaries be notified of how they will be covered?

Second, how should the exemption be administered?  The proposal offers some suggestions regarding how insurance providers may fund and provide coverage and how the rule might apply to self-insured religious organizations as well.  Finally, the ANPRM discusses how these regulations might interact with state laws.

HHS is looking for input on all of these aspects of the plan, and the Legislative Department will be drafting and submitting comments soon.  We will work to develop suggestions that fully protect a woman’s right to freely exercise her religious freedom and make her own decisions about reproductive health.