Magazine article HRMagazine

What Does Hobby Lobby Decision Mean for ACA?

Magazine article HRMagazine

What Does Hobby Lobby Decision Mean for ACA?

Article excerpt

The Department of Health and Human Services (HHS) might have to go back to the drawing board and revise some of its Affordable Care Act (ACA) regulations following its recent defeat before the Supreme Court, says Steven Witt, an attorney with Fisher & Phillips in Irvine, Calif.

HHS could not enforce the contraceptive coverage require- ment in its ACA regulations against corporations whose own- ers believe that four of the contraceptives cause miscarriages, and that making them available violated their religious beliefs, the U.S. Supreme Court ruled 5-4 on June 30 in Burwell v. Hobby Lobby Stores Inc.

As applied to closely held (not public) corporations, the HHS regulations that imposed the contraceptive mandate violated the Religious Freedom Restoration Act, the court decided.

Dissenting, Justice Ruth Bader Ginsburg described the majority's decision as one of "startling breadth. …

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