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

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

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

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

     (4)  The entity is a nonprofit organization as defined under 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 controlled by the religious employer is included in this exemption.

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

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

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

     (2)  Provide written information describing how an enrollee may directly access contraceptive services and supplies in an expeditious manner; and

     (3)  Ensure that enrollees who are refused contraceptive services and supplies coverage under this section have prompt access to the information developed under paragraph (2).  Such notice shall appear, in not less than twelve-point type, in the policy, application, and sales brochure for such policy.

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

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

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

     (g)  For purposes of this section:

     "Contraceptive services" means physician-delivered, physician-supervised, physician assistant-delivered, advanced practice registered nurse-delivered, nurse-delivered, or pharmacist-delivered medical services intended to promote the effective use of contraceptive supplies or devices to prevent unwanted pregnancy.

     "Contraceptive supplies" means all United States Food and Drug Administration-approved contraceptive drugs or devices used to prevent unwanted pregnancy. [L 1999, c 267, §1; am L 2003, c 201, §4 and c 212, §74; am L 2016, c 141, §7]