by Martin Nussbaum
We’ve been saying for months that the Dobbs decision will pressure the Administration to advance its sexual rights agenda by executive order and regulation. It has begun. While we have focused on the forthcoming HHS 2022 Super Rule for Sexual Rights and its impact on Catholic employers, eight other regulations are imminent. Last week, we advised you about a June 15 executive order that requires even more regulatory activity later this year.
On June 23, HHS issued a radical Title IX regulation related to sexual harassment in schools and colleges.
On June 27, the Secretaries of HHS, Treasury, and Labor wrote an ominous “Dear Group Health Plan Sponsors and Issuers” letter, The Secretaries’ letter noted some employers are not covering “contraceptives” (read: contraceptives, abortifacients, sterilization, and related counseling” or “CASC”) in their health plan. It then promised to convene a meeting of “national leaders” and to increase enforcement actions.
CBA members (and future members) along with their respective insurers and third party administrators are protected from the CASC mandate because of the permanent injunction the CBA won for them. For conscientious Catholic employers that have excluded CASC coverage from their health plans but are not yet members of the CBA, the excise taxes or fines that have accumulated since January 2014 are beyond ruinous. An employer providing family coverage for 100 employees, for example, has accumulated these fines at the rate of around $20,000 per day or over $50 million. Such fines are vacated upon joining the CBA.
Lest there be any doubt about the crusade the government is planning against employers that do not pay for CASC services, just review HHS Secretary Becerra’s comments on June 28. During his press conference, Secretary Becerra described the Dobbs decision as “despicable” and “unconscionable” and promised “to take every action necessary to protect women’s access to reproductive health care.” Contrary to medical findings collected by the Charlotte Lozier Institute, he also declared the safety of do-it-alone, mail-order chemical abortions and promised to increase access to them.
If you experience a government enforcement action or if you have any questions, please call us at 303-688-3822. We’re here to help.