While the possibility of mandatory contraception coverage in health plans could become a new reality for many Catholic institutions under the recent ruling by the Department of Health and Human Services, dioceses in nearly 30 states have already faced contraception rules, reacting in various ways.
Currently, 28 states have laws requiring contraceptive coverage as part of health plans. According to the National Conference of State Legislatures, 20 of those states offer some type of exemption, a list including Arizona, New York, Maryland, Missouri and California.
Whether exemptions exist or not, Catholic groups in all 28 states can avoid the contraceptive mandate in one of three ways, says the U.S. bishops' conference. These include self-insuring prescription drug coverage, dropping that coverage completely or opting into a federal law that preempts any state mandates. Critics say the narrowness of the recent federal ruling would block religious groups from taking any of these avenues.
In Hawaii, contraception coverage has been on the books since 1999. Offering more leniency for religious groups, its mandate has been mentioned as a compromise to the federal HHS ruling.