Federal Judge Temporarily Blocks Mo. Contraceptive Coverage Refusal Law

January 3, 2013 — A federal judge on Friday issued a temporary restraining order against a Missouri law (SB 749) allowing employers and health plans to refuse to cover contraception for moral or religious reasons, Reuters reports (MacLaggan, Reuters, 12/21/12). The law -- approved by the state Legislature in September to override a veto by Gov. Jay Nixon (D) -- also allows employers and health plans to refuse to cover abortion and sterilization.

The measure revises a 2001 Missouri law that stated insurers "may" offer individuals and employers policies without contraceptive coverage if they request it. The new law says that insurers "shall" provide plans without the coverage. The new law also establishes grounds for the state attorney general and others to file lawsuits claiming religious infringement if entities are required to cover birth control (Women's Health Policy Report, 9/13/12).

Judge's Ruling

U.S. District Judge Audrey Fleissig said there is "an irreconcilable conflict" between the state law and the federal contraceptive coverage rules being implemented under the Affordable Care Act (PL 111-148).

The federal rules require health plans to cover contraception, meaning that "[i]nsurers are placed in an untenable position as they cannot comply with both statu[t]es at the same time," Fleissig wrote. She noted that the Constitution gives preference to federal laws over state laws.

The Missouri Insurance Coalition filed the lawsuit after the state insurance department issued one insurer a cease and desist order claiming it was "engaging in fraud" by violating the new law (Lieb, AP/Huffington Post, 12/21/12).

Fleissig is expected to hold a hearing on a preliminary injunction at a later date (Reuters, 12/21/12).