It looks like Arizona House Bill 2625 is getting some Tumblr attention, and while the sourcing that indicates this law just passed seems to be wrong (it was in fact enacted 2 years ago), the content of it remains disconcerting, perhaps not least of all because it was adopted two years ago without being caught up nationally by news agencies.
People are rightfully upset about the weird language which seems to indicate women of “religious objection” companies would have to submit proof from their doctors if they want to be covered for prescribed contraceptives being used for non-contraceptive reasons (acne and hormone control appear to be the common examples):
A health care services organization, employer or other entity offering the plan may state religious beliefs in its affidavit and may require the enrollee to first pay for the prescription and then submit a claim to the health care services organization along with evidence that the prescription is not for a purpose covered by the objection.
Things get jumbled up here, in that there’s a lot of weird language where “corporation” is being used. So far as I can tell, though, “corporation” is meant to be the insurance provider, not the company employing the women. The very next section makes it clear that an employer still doesn’t get to ask for your medical information.
Quick, knee jerk block: I still think this entire exemption on contraceptives is the stinkiest of cow dung. But before I get into the real nasty bits, I’m trying to get in a fact check on the “your employer can fire you for using contraceptives if he finds out you’re using them for birth control” stuff. So far as I can tell, this is between the employee, her doctor, and the insurance company (because the government shouldn’t interfere with a doctor and patient’s private health decisions; that’s the insurance industry’s racket). An employer insisting on medical records is still off the table, and violates all the same privacy laws it did before.
All that said, the thing I’m far more concerned about is this bit of the law:
Notwithstanding subsection Y of this section, a contract does not fail to meet the requirements of subsection Y of this section if the contract’s failure to provide coverage of specific items or services required under subsection Y of this section is because providing or paying for coverage of the specific items or services is contrary to the religious beliefs of the employer, hospital service corporation, medical service corporation, hospital, medical, dental and optometric service corporation or other entity offering the plan or is because the coverage is contrary to the religious beliefs of the purchaser of the coverage.
Emphasis mine, because folks, remember how I pointed out above that “corporation” was being used to mean the insurance companies? Given that, if I’m reading this right, two years ago, Arizona effectively declared that insurance providers themselves can claim a religious objection to providing contraceptive coverage.
Since the only requirement that needs to be met to get that exemption under this law is that “a written affidavit shall be filed with the corporation stating the objection,” all they have to do to get that objection is write a note.
And just in case we forgot, this law passed two years before the Hobby Lobby case. Who needs doors opened, when state legislators are willing to burn down the whole damn building for you?