Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm News
Author: Scarinci Hollenbeck, LLC
Date: September 8, 2014
The Firm
201-896-4100 info@sh-law.comThe Obama Administration recently proposed new rules that strive to keep the Affordable Care Act’s (ACA) birth control mandate in place while seeking to comply with the rationale of the Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores, Inc.
The ACA requires employers with more than 50 employees to provide health insurance coverage for the 20 contraceptive methods approved by the Food and Drug Administration, which include four that prevent an already fertilized egg from developing further by inhibiting attachment to the uterus. Under existing regulations, accommodations are available for certain eligible organizations, including religious non-profit organizations.
In its controversial Hobby Lobby decision, the Supreme Court held that the failure to provide a similar exemption for “closely-held corporations” owned by a few shareholders whose religious beliefs were aligned and who object to providing contraception coverage on religious grounds violated the Religious Freedom Restoration Act of 1993 (RFRA). The question flowing from the decision is: how do you define a “closely held” corporation? The Department of Health and Human Services’ proposed rules attempt to answer that question.
As highlighted in a government fact sheet on the Centers for Medicare & Medicaid Services website, the proposed rules offer two alternative approaches for defining a closely-held corporation for the purposes of the ACA. In either case the business entity cannot be publicly traded. The difference in the approaches is that, under one, the ownership of the entity would be limited to a certain number of owners; while under the other, a minimum percentage of ownership would be concentrated among a certain number of owners. The proposal seeks input from the public on the specific thresholds that should be established under either approach.
Under the proposed rules, qualifying closely-held corporations could formalize their religious objections to the mandate via a valid corporate action taken in accordance with the entity’s governing structure, as well as state law, that memorializes its owners’ religious objection. Once the federal government is placed on notice, it would begin the process of providing the contraception services to impacted workers.
The federal government is accepting comments on the proposed rules until October 21, 2014. We will be closely tracking their status and will provide updates as they become available.
If you are a New Jersey resident you may be interested in finding out how the Hobby Lobby may be affecting your health care system. Check out my previous post How Will Hobby Lobby Decision Impact New Jersey Businesses?
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Bloomberg Law Podcast Discusses Shaquille O’Neil FTX Settlement With Ron Bienstock Little Falls, NJ – June 24, 2025 – Scarinci & Hollenbeck, LLC Partner and Chair of the firm’s Intellectual Property and Entertainment & Media departments Ronald S. Bienstock recently joined the Bloomberg Law podcast to discuss Shaquille O’Neal settling a class-action lawsuit over his FTX endorsement. […]
Author: Scarinci Hollenbeck, LLC
Scarinci Hollenbeck Partner Facilitates Donation of 43 Laptops to Jersey City Organization Little Falls, NJ – July 1, 2025 – Scarinci Hollenbeck, LLC is proud to recognize partner Donald M. Pepe’s dedication to the community by facilitating the donation of 43 new Dell laptops to the York Street Project. Don’s commitment and dedication to sourcing these […]
Author: Scarinci Hollenbeck, LLC
FeedSpot Recognizes Donald Scarinci’s Government & Law Blog One of the Top 20 Public Law Blogs Little Falls, NJ – May 22, 2025 – Scarinci Hollenbeck, LLC is honored to share that Managing Partner Donald Scarinci’s Government & Law blog has been listed by FeedSpot.com as one of the “20 Best Public Law Blogs and […]
Author: Scarinci Hollenbeck, LLC
SH Partner and 100th Bomb Group Foundation Legal Counsel Discussed The Nuremberg Trials and the Law May 21, 2025 – Little Falls, NJ – Scarinci & Hollenbeck, LLC is proud to share that partner Ronald S. “Ron” Bienstock recently spoke at the 100th Bomb Group Biennial Reunion, held May 15-18, 2025, in New Orleans. The […]
Author: Ronald S. Bienstock
Little Falls, NJ – May 1, 2025 – Scarinci Hollenbeck, LLC is proud to share that Managing Partner Donald Scarinci’s Constitutional Law Reporter blog has been listed by FeedSpot.com as one of the “Top 100 Legal Blogs.” No Aspect of the advertisement has been approved by the Supreme Court. Feedspot, a content reader that curates websites of […]
Author: Donald Scarinci
Little Falls, NJ – May 1, 2025 – Scarinci Hollenbeck, LLC is proud to share that Managing Partner Donald Scarinci’s Government & Law blog has been listed by FeedSpot.com as one of the “80 Best New Jersey Blogs and Websites in 2025.” *No Aspect of the advertisement has been approved by the Supreme Court of New […]
Author: Donald Scarinci
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!