Alabama Religious Liberty Act of 2013 (HB 108)

HB 108 would have allowed a religiously affiliated or motivated employer to refuse to provide contraceptive or abortifacient drugs, devices, or methods to its employees directly, through any insurance policy, or in any other way.

If a religiously affiliated or motivated employer objects to providing coverage for contraceptive or abortifacient drugs, devices, or methods it would have been required to submit to its insurance company an affidavit stating its objection. Upon receipt of the affidavit, the insurance company would have been required to issue an insurance policy excluding such coverage.

The law would not have excluded coverage for contraceptive or abortifacient drugs, devices, or methods if ordered by a health-care provider for medical indications other than contraceptive or abortion purposes. In such cases, the insurance company would have been allowed to require the employee to pay for the prescription and then submit a claim to the insurance company with proof that prescription is not for contraceptive or abortion purposes. The insurance company would also have been permitted to charge an administrative fee for handling the claim.

The bill defines “religiously affiliated or motivated employer” as “any entity that is operated as a church, ministry, or other organization with religious tenets, objectives, or motivations” or “any entity that has 10 or less shareholders, members, or partners who have religious beliefs which oppose contraceptive or abortifacient drugs, devices, or methods.”

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