Buzz
In October, when the president issued an executive order concerning birth control coverage, it was widely assumed—and he likely believed—that it would enable religious employers to refuse contraceptive coverage for their staff. Notre Dame shared this belief. However, it seems we were all mistaken.
Here’s how it unfolded. Notre Dame, a Catholic university, adheres to the belief that birth control is morally unacceptable. (Religious doctrines can be quite peculiar, right?) Under the ACA, federal law mandates that insurance plans include birth control coverage without any additional cost to the insured. Yet, Notre Dame insisted they would not cover birth control for their employees.
Under the Obama administration, the federal government responded by offering to cover the cost of birth control themselves—provided religious employers submitted a waiver stating they would not provide such coverage. The government would then take over the responsibility.
However, some employers argued that even submitting this waiver—as Notre Dame did—was still unacceptable because it facilitated access to birth control for their employees. This dispute reached the Supreme Court but remained unresolved. The executive order appeared to settle the matter: employers could opt out of covering birth control, leaving their employees without such benefits. Notre Dame informed its employees and students, giving the mandatory 60-day notice that birth control coverage would cease.
However.
Aetna, the insurer for Notre Dame, has decided not to alter their plans. Instead, they are choosing to cover the expenses themselves.
I inquired with Aetna whether their decision to cover the costs was to adhere to the law, which might still mandate no-cost birth control coverage, or simply because it’s logical—covering birth control reduces the expenses associated with maternity care. A spokesperson declined to comment on their agreement with Notre Dame. (Notre Dame also did not respond to my inquiries.)
Regardless, the university may have no control over the situation. A Notre Dame spokesperson informed the South Bend Tribune that after the executive order, “we assumed insurance companies would stop providing no-cost coverage … However, we’ve since learned that [our insurer] will continue this coverage indefinitely.”
The statement also mentions that the university “will not interfere” with the insurer’s coverage, though it’s uncertain if they even have the ability to do so. This suggests that, depending on your insurance provider, the executive order may not grant religious employers the authority they anticipated.
