>
Interesting, I've reviewed the text of the law here -->>
Bill Text: AZ House Bill 2625 - Fiftieth Legislature - Second Regular Session (2012) | eLobbyist
This is what is seems like to me:
1. Any employer can not cover contraceptives, all they have to do is claim it's based on religious beliefs. Even if that employer is a non-religious entity.
2. If an employer makes such a claim, then they can obtain an insurance policy which excludes "contraceptive, abortifacient, abortion or sterilization purposes" (from here on out I'll just use "contraceptives" for brevity) and not be in violation of the law.
3. If an employee needs hormonal (or other treatments) that would normally be used as a contraceptive, then the employee will not be covered by insurance for such a prescribed health care treatment and must pay out of pocket, regardless.
4. However, if (**IF**) the prescription or procedure was for NON-contraceptive purposes, then the employee can submit a claim with the employer who will then be required to reimburse the employee for the health care.
5. The employer would be able to charge an administrative fee to the employee for the privilege of getting something covered by their health care insurance which would have been covered anyway as long as it wasn't used for contraception. Basically the employee is paying an additional administrative fee for non-contraceptive items just because it can be used for contraception.
As someone who works in Human Resources, I can see a couple of problems with the law.
1. It states that the employee may "submit a claim to the corporation along with evidence that the prescription is not in whole or in part for a purpose covered by the objection", but it does not define the content of the claim. IF the supporting evidence is a doctors official statement that the individual needs the medication for non-contraceptive reasons - and that is it - then there will likely not be an issue about the claim. However, IF the employer does not want to accept the medical opinion of the doctor and then
requires that the doctors affidavit include specifics of the medical condition THEN there will a whole bunch of lawsuits based on the employer requiring the employee to disclose medical history information that has no bearing on their job performance.
2. Secondly, you will have cases of employers who have a religious objection to pre-marital sex. By requiring females only to provide written confirmation they are taking a prescribed medication which can be used for contraception, even though it's officially for other purposes, then you are going to see a slew of lawsuits based on (a) employer requiring non-work related medical history, and (b) wrongful termination suits because the impact of the law will be discriminatory against females since males are not required to provide information which might provide insight into their sex life.
3. Finally I see claims of unequal employer treatment, which have a certain validity to them, based on the fact that males would (pretty much) never have a claim where they had to pay out of pocket for expenses, then submit a claim, and then have to pay an administrative fee on top of that to have covered health care items processed. Only females would have that additional hurtle.
>>>>