For much of 2012, congressional Republicans have pushed back aggressively against the preventive care measures in the Affordable Care Act, driven entirely by the right’s opposition to contraception access. In the Senate, we saw the odious Blunt Amendment reach the floor, and in the House, GOP lawmakers vowed to block implementation of the provision.
At least, that was the case a few months ago. With the Obama administration’s rule set to take effect this week, Republicans’ interest in the issue has faded. GOP officials are still opposedto the birth-control measures of the ACA, but unlike in the Spring, there’s a limit as to how far Republican leaders are prepared to go with this.
There is, however, a parallel track involving the judiciary. While lawmakers on Capitol Hill have all but given up on blocking access to contraception, fearing a public backlash, opponents of the policy are pushing forward in the courts, and late on Friday, they even won a round — Irin Carmon reported that a federal judge issued an injunction exempting the Catholic owners of a Colorado company from the contraception requirement.
It was the first legal victory for conservative opponents of the Obama administration’s policy
Benen is stating that accurately. Republicans are pushing back against the preventive services requirements in the health care law. Big surprise. Republicans oppose regulation that applies to large employers.
During the contraception battle, when we saw the panel of male religious leaders who were invited to weigh in on contraception coverage for American women, this issue was presented by media and conservatives as very narrow. We were directed to stop whining because birth control pills are inexpensive, and the absolutely endless religious exception for large employers that Republicans and certain religious leaders are demanding would affect a very narrow portion of the population; women of child-bearing age, who of course are of no concern to the general population. Liberals countered that large employers could refuse to cover all sorts of medical treatments and services relying on religious objections. That’s true, and what’s more, it’s not some slippery-slope, wild-eyed theory. They’re litigating this and they just won one.
It’s so important to put this within the context of the health care law, and go back to the actual HHS rule on preventive services and large employers, because that’s what this is actually about :large employers and federal mandates on what they have to offer to meet the new rules under the PPACA. Understand that preventive services with no co-pay or meeting a deductible are an integral part of he health care law. This section of the health care law adds value to health insurance for ordinary people. Too, the preventive services are not “free” which is another lie conservatives and media are promoting in order to portray women as whiny, needy deadbeats. If you’re paying an insurance premium, and you will be on the exchanges under the health care law, you’re paying for these services. If insurance is part of your compensation package at work, you’re paying for these services. This is not a gift from the federal government, and it’s not a gift from your employer.
Here’s the list of preventive services that large employers must include in insurance policies to employees and that must be covered in health care plans offered on the exchanges. Look at this list and think about how many of these required services could be denied based on “religious objections”:
• Abdominal Aortic Aneurysm one-time screening for men of specified ages who have ever smoked
• Alcohol Misuse screening and counseling
• Aspirin use for men and women of certain ages
• Blood Pressure screening for all adults
• Cholesterol screening for adults of certain ages or at higher risk
• Colorectal Cancer screening for adults over 50
• Depression screening for adults
• Type 2 Diabetes screening for adults with high blood pressure
• Diet counseling for adults at higher risk for chronic disease
• HIV screening for all adults at higher risk
• Immunization vaccines for adults–doses, recommended ages, and recommended populations vary:
• Obesity screening and counseling for all adults
• Sexually Transmitted Infection (STI) prevention counseling for adults at higher risk
• Tobacco Use screening for all adults and cessation interventions for tobacco users
• Syphilis screening for all adults at higher risk
• Anemia screening on a routine basis for pregnant women
• Bacteriuria urinary tract or other infection screening for pregnant women
• BRCA counseling about genetic testing for women at higher risk
• Breast Cancer Mammography screenings every 1 to 2 years for women over 40
• Breast Cancer Chemoprevention counseling for women at higher risk
• Breastfeeding comprehensive support and counseling from trained providers, as well as access to breastfeeding supplies, for pregnant and nursing women*
• Cervical Cancer screening for sexually active women
• Chlamydia Infection screening for younger women and other women at higher risk
• Contraception: Food and Drug Administration-approved contraceptive methods, sterilization procedures, and patient education and counseling, not including abortifacient drugs*
• Domestic and interpersonal violence screening and counseling for all women*
• Folic Acid supplements for women who may become pregnant
• Gestational diabetes screening for women 24 to 28 weeks pregnant and those at high risk of developing gestational diabetes*
• Gonorrhea screening for all women at higher risk
• Hepatitis B screening for pregnant women at their first prenatal visit
• Human Immunodeficiency Virus (HIV) screening and counseling for sexually active women*
• Human Papillomavirus (HPV) DNA Test: high risk HPV DNA testing every three years for women with normal cytology results who are 30 or older*
• Osteoporosis screening for women over age 60 depending on risk factors
• Rh Incompatibility screening for all pregnant women and follow-up testing for women at higher risk
• Tobacco Use screening and interventions for all women, and expanded counseling for pregnant tobacco users
• Sexually Transmitted Infections (STI) counseling for sexually active women*
• Syphilis screening for all pregnant women or other women at increased risk
• Well-woman visits to obtain recommended preventive services for women under 65*
• Alcohol and Drug Use assessments for adolescents
• Autism screening for children at 18 and 24 months
• Behavioral assessments for children of all ages
Ages: 0 to 11 months, 1 to 4 years, 5 to 10 years, 11 to 14 years, 15 to 17 years.
• Blood Pressure screening for children
Ages: 0 to 11 months, 1 to 4 years, 5 to 10 years, 11 to 14 years, 15 to 17 years.
• Cervical Dysplasia screening for sexually active females
• Congenital Hypothyroidism screening for newborns
• Depression screening for adolescents
• Developmental screening for children under age 3, and surveillance throughout childhood
• Dyslipidemia screening for children at higher risk of lipid disorders
Ages: 1 to 4 years, 5 to 10 years, 11 to 14 years, 15 to 17 years.
• Fluoride Chemoprevention supplements for children without fluoride in their water source
• Gonorrhea preventive medication for the eyes of all newborns
• Hearing screening for all newborns
• Height, Weight and Body Mass Index measurements for children
Ages: 0 to 11 months, 1 to 4 years, 5 to 10 years, 11 to 14 years, 15 to 17 years.
• Hematocrit or Hemoglobin screening for children
• Hemoglobinopathies or sickle cell screening for newborns
• HIV screening for adolescents at higher risk
• Immunization vaccines for children from birth to age 18 —doses, recommended ages, and recommended populations vary:
• Iron supplements for children ages 6 to 12 months at risk for anemia
• Lead screening for children at risk of exposure
• Medical History for all children throughout development
Ages: 0 to 11 months, 1 to 4 years, 5 to 10 years, 11 to 14 years, 15 to 17 years.
• Obesity screening and counseling
• Oral Health risk assessment for young children
Ages: 0 to 11 months, 1 to 4 years, 5 to 10 years.
• Phenylketonuria (PKU) screening for this genetic disorder in newborns
• Sexually Transmitted Infection (STI) prevention counseling and screening for adolescents at higher risk
• Tuberculin testing for children at higher risk of tuberculosis
Ages: 0 to 11 months, 1 to 4 years, 5 to 10 years, 11 to 14 years, 15 to 17 years.
• Vision screening for all children
Republicans don’t want to talk about this anymore. Despite pundit predictions that singling out women and birth control would be a political winner for the GOP, it wasn’t. Republicans looked at the polling and decided it wasn’t an issue they wanted to pursue on the national political stage. But they’re pursuing it in court, outside the reach of political media, which is a very common tactic on the Right. They’re attacking the Voting Rights Act not in Congress, not out in the open, but in the courts. They do this a lot.
Look at that list of preventive services and tell me this isn’t an issue that affects every single person in the country. I can think of a religious objection that a large employer could put forth for every single one of the services on the list. Media and conservatives have presented this as “should women get free birth control?” which is an insulting and incredibly stupid analysis of this issue. It’s insulting to women and it’s insulting to the whole country, because it isn’t just about women and birth control, and it never was.
Republicans are opposing a regulation that applies to large businesses. That’s what Republicans do. They seized the contraception issue because they (mistakenly) believed women and birth control were an easily demonized target, they assumed women would immediately start apologizing for “demanding” inclusion of birth control in the list of preventive services that cover the whole population, they assumed we would slink off, shamed at having even considered asking to be treated like part of the general population with a preventive service that applies only to women of child-bearing age. They were wrong. Amazingly, women seem to feel they ARE part of the general population, so should be covered under “preventive services.” Who knew?
Mitt Romney needs to be asked about this. Does Mitt Romney support exclusion of any and all coverage based on religious objections by large employers? Because that’s endless, and it’s huge.
When they lose in Congress, they go to the courtsPost + Comments (39)