HHS/EEOC LAWSUIT (re abortion and comprehensive transgender services mandate)


HHS LAWSUITS (re contraceptive/abortifacient mandate)

CBA WHITE PAPERS

The Mechanics and Effects of the ‘Accommodation’ to the HHS CASC Mandate for Non-Exempt Catholic Employers With Self-Funded Plans

LITTLE SISTERS OF THE POOR AT THE SUPREME COURT

CBA HHS LAWSUIT #1

On March 12, 2014, the Catholic Benefits Association and the Catholic Insurance Company, along with several Association members, filed a class action lawsuit in the United States District Court for the Western District of Oklahoma, along with a motion for preliminary injunction seeking relief from the Affordable Care Act’s contraceptive/abortifacient mandate (“Mandate”).

Late on June 4, 2014, the Court granted the CBA’s motion and issued a preliminary injunction protecting the Association’s current employer members from the Mandate. The Court’s Order also “enjoined and restrained” the relevant federal departments, “their agents, officers, and employees, and all other in active concert or participation with them . . . from any effort to apply or enforce” the Mandate against the Association’s current members.

On December 3, 2014, the Court granted the CBA’s Uncontested Motion to Clarify Preliminary Injunction to make clear that the injunction also protected the CBA members’ insurers and third party administrators from any governmental enforcement action against them.

CBA HHS LAWSUIT #2

Responding to the Court’s suggestion, the Association filed a second lawsuit on July 1, 2014, seeking emergency relief for its post-June 4 members. Later that day, the Court granted the Association’s motion, extending relief to the Association’s newest members “consistent with the Order issued on June 4, 2014.”

In a second temporary restraining order dated September 24, 2014, the Court extended its restraining order to benefit CBA members joining after July 1, 2014. Both restraining orders also restrain the government from taking any enforcement action against the CBA members’ insurers and third party administrators.