Here is the HHS Compromise, be attentive because it gets complicated: “With respect to self-insured group health plans, the eligible organization would notify the third party administrator, which in turn would automatically work with a health insurance issuer to provide separate, individual health insurance policies at no cost for participants. The costs of both the health insurance issuer and third party administrator would be offset by adjustments in Federally-facilitated Exchange user fees that insurers pay.”
Since the Archdiocese is self-insured, this would in effect mean that some of our employees would have to be insured by an outside organization, either in whole or in part. Look at all the actors in this play: (1) the Church; (2) the third party administrator; (3) an outside health insurance issuer; (4) the federal government; (5) the supplier of services; and (6) the insured person. The user fees are essentially a tax to insure that contraceptives are free and to pay the third party administrator. What happens to the viability of the self-insurance program if people opt out for the third party insurer?
In any case, I still think people are going to pay more for heart and blood-pressure medicine to make up the cost for free contraceptives. What insurance company will cover just contraception, sterilization and abortifacients without funds to shift from other medical coverage? I doubt federal fees with be sufficient. It will be exploited. Is the Church still morally culpable if we collaborate with other agents in such a scheme? Are we culpable for money given to the government to pay the insurance companies to supply people with contraceptive services?
Given the intransigence of the administration with insisting that health care include free contraceptives, abortifacients and sterilization; I cannot say that I trust the latest offer of exemption to the Church and associated religious entities. It seems to me that religious liberty is still very much threatened. Remember, this is the same administration which sought jurisdiction over ministerial assignments; no doubt supposing that if they lost one ridiculous or outrageous battle, it would make churchmen more passive about what was viewed as a lesser campaign. I think they were genuinely surprised by men like Cardinal Dolan. Suddenly Catholic bishops had teeth and could bite back.
I suspect this newest offer is to convince the bishops of a need to see the dentist. The administration still insists that the agenda of Planned Parenthood will become the official policy of government. No matter how you spin it, that means a confrontation with the Church and the Gospel of Life.
I was amazed that some critics and churchmen quickly rejoiced and sang Hallelujah when the revised policy was announced. We must not return to a posture of passivity and ineffective opposition to Big Brother and modernity. More level-headed religious leaders argue that we need to look at this offer closely. It may be a trick. It seems to me, upon closer examination, that there is no miracle break-through or adequate accommodation. The shell-game continues.
The question proposed is this: can such a policy be mandated against Church institutions with religious and moral reservations? The response of the administration seems to be that some institutions have more of a claim upon religious liberty than others. If the previous offer only preserved such liberty within the walls of the churches, this new policy will only add the porch or parking lot. Churches, individually or corporately, are protected, as are religious orders, but the rest is still up for grabs. Again, this administration has a very narrow notion of what constitutes “church.” Ministries in the area of community service are understood entirely within the matrix of secular humanism. President Obama’s religious vision is wholly a horizontal one (earth-bound) with little or nothing of the vertical or transcendent. In other words, God made us— great; but WE make the rules.”
We still have a fight on our hands because of the indiscriminate outreach of our religious charities, hospitals and schools. This element of the policy has not really changed. Okay, even if self-insured, we would not be required to pay “directly” for the contraceptive coverage; however, we still have to find other insurers to dirty their hands for us. The cooperation with evil becomes more remote but they will still be our agents.
Throughout it has saddened me that we have stressed the religious liberty of the Church as an institution but not the same rights of individual believers and citizens. There is no exemption for them and their businesses. It is bad enough that pro-life groups, EWTN, the Knights of Columbus and others might be forced to comply; however, what about the good Catholic entrepreneur who bakes donuts or fixes cars or cuts the grass. There are no exemptions at all for them. I know, some will say that they could fight and pay out hard-earned money to litigate for themselves. But this is America, our rights are supposed to be guaranteed, not entitlements for which we have to fight and beg.
I bet if it had not been for the courts, we would not have seen even these concessions. No doubt the administration wants to promote a particular public perception: a liberal government wanting to dialogue about national healthcare and a backward-thinking Church wanting to deprive couples of pills and condoms. President Obama and Kathleen Sebelius know full well that many if not most American Catholics are out of sync with Church leadership and moral teachings. As in Maryland with the proposition for same-sex marriages, they hope to exploit this advantage and show that they are the true magisterium, not the ecclesial shepherds largely abandoned by their flocks. As much as the USCCB has sought to frame this debate under the banner of religious liberty and the First Amendment, the administration has been highly effective in convincing many people that it is about reproductive choices and health. God help us!