Christian businesses can refuse to provide full health care for trans employees

[Jessica_Rose]

Judge rules that Christian businesses can refuse to provide full health care for trans employees

https://www.msn.com/en-us/health/other/judge-rules-that-christian-businesses-can-refuse-to-provide-full-health-care-for-trans-employees/ar-BB1jmVWl?ocid=windirect&cvid=cc87d4bc38514343acd48cbaa8ed2016&ei=13

Story by Molly Sprayregen (5 March 2024)

A federal judge in North Dakota has ruled that a Christian business group does not have to include gender-affirming care in its employee health care plan or provide gender-affirming care for trans folks due to its religious beliefs.

The decision was the result of a case filed by the Christian Employers Alliance (CEA) against the Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Health and Human Services...

The ruling from U.S. District Judge Daniel Traynor stated that "CEA's sincerely held religious belief is that male and female are immutable realities defined by biological sex and that gender reassignment is contrary to Christian Values" and as such, "CEA's religious beliefs are substantially burdened by the monetary penalties it faces for refusing to violate its beliefs."

"Therefore," the judge declared, "CEA has met its initial burden of showing the government substantially burdens a sincere religious exercise or belief."

The judge banned the federal government from imposing any financial penalties on CEA for refusing to cover or provide gender-affirming care. The decision also stated that the government cannot penalize "anyone acting in concert or participation with them."

This means doctors associated with the group do not have to provide gender-affirming care and associated businesses do not have to cover it.

[BlueJaye]

Self-insured companies, such as the one I work for, are exempt from all of this stuff anyway. I already tried to fight my company on the state laws and found out they're exempt since they are self-insured. If a company has enough money (enough to be self-insured) they can cover or not cover whatever they want.

[Jenn104]

If this helps, the federal agency that oversees self insurance is the EBSA, the employee benefit security administration. Self insurance falls under ERISA.

you can open claims online.

Jenn

[Jenn104]

Oh.. hey, almost forgot--

If your plan falls under "self insured" ERISA says that "the company must run the plan for the sole benefit of its employees". Its been explained to me that ERISA makes your insurance an extension of your company, the company is legally bound to advocate for you.

Also, ERISA provides protections around explaining benefits. Insurers are bound to explain how to access benefits, including getting a prior auth executed. Stay tuned on the prior auth thing, I have something in appeal.

I had prior auths fail, hitched up my big girl panties, and made a lot of calls to figure it out. So I can't explain it like a lawyer, but think I am pretty close.

~Jenn