03-01-2012, 03:04 AM
http://thomas.loc.gov/cgi-bin/query/z?c112:S.1467:
So... a Muslim employer can decide that it is against his interpretation of Sharia law to have to hire female workers, but federal non-discrimination laws do not permit him to exercise his freedom of religion because he is required to hire women if they are qualified to do the job. But... this amendment would allow him to take his interpretation of Sharia law and say that he will not allow coverage of every specific item of health insurance coverage of the female workers he employs even though he will have complete health insurance coverage of his male employees.
IOW, this amendment is ridiculous.
(a) In General- Section 1302(b) of the Patient Protection and Affordable Care Act (Public Law 111-148; 42 U.S.C. 18022(b)) is amended by adding at the end the following new paragraph:
`(6) RESPECTING RIGHTS OF CONSCIENCE WITH REGARD TO SPECIFIC ITEMS OR SERVICES-
`(A) FOR HEALTH PLANS- A health plan shall not be considered to have failed to provide the essential health benefits package described in subsection (a) (or preventive health services described in section 2713 of the Public Health Service Act), to fail to be a qualified health plan, or to fail to fulfill any other requirement under this title on the basis that it declines to provide coverage of specific items or services because--
`(i) providing coverage (or, in the case of a sponsor of a group health plan, paying for coverage) of such specific items or services is contrary to the religious beliefs or moral convictions of the sponsor, issuer, or other entity offering the plan; or
`(ii) such coverage (in the case of individual coverage) is contrary to the religious beliefs or moral convictions of the purchaser or beneficiary of the coverage.
`(B) FOR HEALTH CARE PROVIDERS- Nothing in this title (or any amendment made by this title) shall be construed to require an individual or institutional health care provider, or authorize a health plan to require a provider, to provide, participate in, or refer for a specific item or service contrary to the provider's religious beliefs or moral convictions. Notwithstanding any other provision of this title, a health plan shall not be considered to have failed to provide timely or other access to items or services under this title (or any amendment made by this title) or to fulfill any other requirement under this title because it has respected the rights of conscience of such a provider pursuant to this paragraph.
`© NONDISCRIMINATION IN EXERCISING RIGHTS OF CONSCIENCE- No Exchange or other official or entity acting in a governmental capacity in the course of implementing this title (or any amendment made by this title) shall discriminate against a health plan, plan sponsor, health care provider, or other person because of such plan's, sponsor's, provider's, or person's unwillingness to provide coverage of, participate in, or refer for, specific items or services pursuant to this paragraph.
`(D) CONSTRUCTION- Nothing in subparagraph (A) or (B) shall be construed to permit a health plan or provider to discriminate in a manner inconsistent with subparagraphs (B) and (D) of paragraph (4).
`(E) PRIVATE RIGHTS OF ACTION- The various protections of conscience in this paragraph constitute the protection of individual rights and create a private cause of action for those persons or entities protected. Any person or entity may assert a violation of this paragraph as a claim or defense in a judicial proceeding.
So... a Muslim employer can decide that it is against his interpretation of Sharia law to have to hire female workers, but federal non-discrimination laws do not permit him to exercise his freedom of religion because he is required to hire women if they are qualified to do the job. But... this amendment would allow him to take his interpretation of Sharia law and say that he will not allow coverage of every specific item of health insurance coverage of the female workers he employs even though he will have complete health insurance coverage of his male employees.
IOW, this amendment is ridiculous.
