,,ii ,calendar ,no4 #dei #aacth ,,congress #b;d ,session ,s4 #begh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #i1 #bjad ,mrs4 ,murray 7for herself1 ,mr4 ,udall of ,colorado1 ,ms4 ,baldwin1 ,mr4 ,begich1 ,mr4 ,bennet1 ,mr4 ,blumenthal1 ,mr4 ,booker1 ,mrs4 ,boxer1 ,mr4 ,brown1 ,ms4 ,cantwell1 ,mr4 ,cardin1 ,mr4 ,durbin1 ,mrs4 ,feinstein1 ,mr4 ,franken1 ,mrs4 ,gillibrand1 ,mrs4 ,hagan1 ,mr4 ,harkin1 ,mr4 ,heinrich1 ,ms4 ,hirono1 ,mr4 ,johnson of ,south ,dakota1 ,mr4 ,kaine1 ,ms4 ,klobuchar1 ,mr4 ,levin1 ,mr4 ,markey1 ,mr4 ,menendez1 ,mr4 ,merkley1 ,ms4 ,mikulski1 ,mr4 ,murphy1 ,mr4 ,reid1 ,mr4 ,sanders1 ,mr4 ,schatz1 ,mr4 ,schumer1 ,mrs4 ,shaheen1 ,ms4 ,stabenow1 ,mr4 ,tester1 ,mr4 ,udall of ,new ,mexico1 ,mr4 ,walsh1 ,ms4 ,warren1 ,mr4 ,whitehouse1 ,mr4 ,wyden1 ,mr4 ,leahy1 ,mr4 ,coons1 and ,mr4 ,warner7 introduced the following bill2 which was read the first time ,july #aj1 #bjad,read the second time and placed on the calendar ,a ,,bill ,to ensure that employers cannot interfere in their employees' birth control and other health care decisions4 #a4 ,short title ,this ,act may be cited as the ,protect ,women's ,health ,from ,corporate ,interference ,act of #bjad4 #b4 ,purpose ,the purpose of this ,act is to ensure that employers that provide health benefits to their employees cannot deny any specific health benefits1 including contraception coverage1 to any of their employees or the covered dependents of such employees entitled by ,federal law to receive such coverage4 #c4 ,findings ,congress finds as follows3 7#a7 ,access to the full range of health benefits and preventive services1 as guaranteed under ,federal law or through ,federal regulations1 provides all ,americans with the opportunity to lead healthier and more productive lives4 7#b7 ,birth control is a critical health care service for women4 ,ninety-nine percent of sexually active women use birth control at least once in their lifetimes1 and the ,centers for ,disease ,control and ,prevention declared it one of the ,ten ,great ,public ,health ,achievements of the #bjth ,century4 ,while the most common reason women use contraception is to prevent pregnancy1 #eh percent of oral contraceptive users cite noncontraceptive health benefits as reasons for using the method4 ,fourteen percent of birth control pill users1 more than #a1ejj1jjj women1 rely on birth control pills for noncontraceptive purposes only4 7#c7 ,in addition to providing health benefits for women1 access to birth control has been directly connected to women's economic success and ability to participate in society equally4 ,women with access to birth control are more likely to have higher educational achievement and career achievement1 and to be paid higher wages4 7#d7 ,the independent1 nonprofit ,institute of ,medicine recommends1 as part of its recommended preventive health measures1 that women's preventive health be covered by health plans with no cost-sharing to promote optimal health of women4 ,the ,institute of ,medicine noted that the contraceptive methods recommendation was one of the most important recommendations for women4 7#e7 ,affordability has long been a barrier to women being able to use birth control and other preventive health services effectively4 ,a national survey of women who were currently using some form of contraception found that one-third would switch to a different method of contraception if they did not have to worry about cost4 ,women citing cost concerns were twice as likely as other women to rely on less effective methods of contraception4 7#f7 ,three separate studies have found that lack of health coverage is significantly associated with reduced use of prescription contraceptives4 7#g7 ,cost-sharing requirements can dramatically reduce the use of preventive health care measures1 particularly among lower-income women4 ,studies have shown that eliminating cost-sharing for the most effective forms of contraception 7intrauterine devices1 implants1 and injectables7 leads to sizable increases in the use of these methods4 7#h7 ,the ,patient ,protection and ,affordable ,care ,act 7,public ,law #aaa-adh7 sought to remove the barrier to care by requiring all new health plans to cover recommended preventive services without cost-sharing1 which include women's preventative services4 ,these services include all methods of contraception and sterilization approved by the ,food and ,drug ,administration and related education and counseling1 as prescribed by a health care provider4 7#i7 ,the contraceptive coverage provision has been a success in increasing access to this critical health service for women4 ,as of #bjac1 #dg1jjj1jjj women were covered by this requirement4 ,women have saved #dhc1jjj1jjj in out-of-pocket costs for oral contraceptives with no copayments in #bjac compared to #bjab4 7#aj7 ,the ,journal of the ,american ,medical ,association reports that #g out of #aj people in the ,united ,states support coverage of contraception1 with significantly higher support among women1 ,hispanic ,americans1 and ,black ,americans4 7#aa7 ,an estimated #gf1jjj1jjj people in the ,united ,states1 including #cj1jjj1jjj women1 are newly eligible for expanded preventive services coverage under the ,patient ,protection and ,affordable ,care ,act4 ,a total of #dh1ejj1jjj women are estimated to benefit from preventive services coverage without cost-sharing4 7#ab7 ,the most appropriate method of contraception varies according to each individual woman's needs and medical history4 ,women may have medical contraindications and thus not be able to use certain types of contraceptive methods4 ,it is therefore vital that the full range of contraceptive methods approved by the ,food and ,drug ,administration be available in order to ensure that each woman1 in consultation with her medical provider1 can make appropriate decisions about her health care4 7#ac7 ,covering proven preventative services like contraception lowers health care spending as it improves health4 ,the ,federal ,government experienced no increase in costs at all after it began covering contraceptives for ,federal employees4 ,a study by the ,national ,business ,group on ,health estimated that it costs employers #ae to #ag percent more to not provide contraceptive coverage in employee health plans1 accounting for the employer's direct medical costs of pregnancy and indirect costs related to employee absence and reduced productivity4 7#ad7 ,dozens of cases have been filed in ,federal court by employers that want to take this benefit away from their employees and the covered dependents of such employees4 7#ae7 ,on ,june #cj1 #bjad1 the ,supreme ,court held1 in ,burwell v4 ,hobby ,lobby ,stores1 ,inc4 and ,conestoga ,wood ,specialties ,corp4 v4 ,burwell1 that some for-profit corporations can take away the birth control coverage guaranteed to their employees and the covered dependents of such employees through their group health plan4 7#af7 ,in a dissent in those cases1 ,justice ,ruth ,bader ,ginsburg states that in this decision of startling breadth ''' the exemption sought by ,hobby ,lobby and ,conestoga ''' would deny legions of women who do not hold their employers' beliefs access to contraceptive coverage that the ,,aca would otherwise secure4 ,justice ,ginsburg also notes that the decision opens up the door to religiously grounded employer objections to a whole host of health care services like blood transfusions '''4 antidepressants ''' medications derived from pigs1 including anesthesia ''' and vaccinations44 7#ag7 ,the ,supreme ,court's decision in those cases allows employers1 that otherwise provide coverage of preventive health services1 to deny their employees and the covered dependents of such employees contraceptive coverage and to treat a critical women's health service differently than other comparable services4 ,legislation is needed to clarify that employers may not discriminate against their employees and dependents4 7#ah7 ,it is imperative that ,congress act to reinstate contraception coverage and to protect employees and the covered dependents of such employees from other attempts to take away coverage for other health benefits to which such employees and dependents are entitled under ,federal law4 7#ai7 ,this ,act is intended to be consistent with the ,congressional intent in enacting the ,religious ,freedom and ,restoration ,act of #aiic 7,public ,law #ajc-ada71 and with the exemption for houses of worship1 and an accommodation for religiously-affiliated nonprofit organizations with objections to contraceptive coverage4 #d4 ,ensuring coverage of specific benefits 7a7 ,in general ,an employer that establishes or maintains a group health plan for its employees 7and any covered dependents of such employees7 shall not deny coverage of a specific health care item or service with respect to such employees 7or dependents7 where the coverage of such item or service is required under any provision of ,federal law or the regulations promulgated thereunder4 ,a group health plan1 as defined in section #gcc7;a7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aaia;b7a771 sponsored by an employer1 employee organization1 or both1 and any health insurance coverage1 as defined in section #bgia7;b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#ia7 is required to provide coverage required under the ,public ,health ,service ,act1 including section #bgac of such ,act 7#db ,u4,s4,c4 #cjj;gg-#ac71 in addition to other applicable requirements4 7b7 ,application ,subsection 7a7 shall apply notwithstanding any other provision of ,federal law1 including ,public ,law #ajc-ada4 7c7 ,regulations ,the regulations contained in sections #ed4ihae-bgac;,a of title #bf1 #beij4gae-bgac;,a of title #bi1 and #adg4aca of title #de1 ,code of ,federal ,regulations1 shall apply with respect to this section4 ,the ,departments of ,labor1 ,health and ,human ,services1 and the ,treasury may modify such regulations consistent with the purpose and findings of this ,act4 7d7 ,enforcement ,the provisions of this ,act shall apply to plan sponsors1 group health plans1 and health insurance issuers as if enacted in the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajja et seq471 the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bja et seq471 and the ,internal ,revenue ,code of #aihf4 ,any failure by a plan sponsor1 group health plan1 or health insurance issuer to comply with the provisions of this ,act shall be subject to enforcement through part #e of subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aaca et seq471 section #bgbc of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;gg-#bb71 and section #dihj;,d of the ,internal ,revenue ,code of #aihf4 ,july #aj1 #bjad,read the second time and placed on the calendar