Can companies decide which drugs to offer on the insurance plan?

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Can companies decide which drugs to offer on their insurance plan? Oklahoma City-based Hobby Lobby took the issue to the Supreme Court years ago. Now he is back in the spotlight. A federal judge has just taken the side of an employer who does not want to provide an HIV drug as part of his health insurance. While companies like Hobby Lobby have already won lawsuits in favor of religious exemptions, the judge’s ruling could open the door to a new argument for why employers shouldn’t have to cover contraceptives or any other controversial drugs. that PREP is mandatory coverage, is unconstitutionally named, and cannot require or recommend that employers prescribe or cover drugs,” said Jeremy Telman, a law professor at Oklahoma City University. Judge Reed O’Connor. In a lawsuit against a Texas company obligated to cover HIV drug PREP under its health insurance, O’Connor ruled that a pro bono task force that identified preventative drugs or vaccines to be covered should not exist. . this is because the task force was not appointed by the President or confirmed by the Senate. other challenges to all that coverage,” Telman said. Telman said that if that ruling is made final and not successfully challenged in a higher court, Oklahoma companies could sue for copycats and choose not to cover drugs or vaccines they don’t. not wish. cover, even without invoking a religious dispensation.

Can companies decide which drugs to offer on their insurance plan?

Oklahoma City-based Hobby Lobby took the issue to the Supreme Court years ago. Now he is back in the spotlight.

A federal judge has just taken the side of an employer who does not want to provide an HIV drug as part of his health insurance. While companies like Hobby Lobby have already won lawsuits in favor of religious exemptions, the judge’s ruling could open the door to a new argument for why employers shouldn’t have to cover contraceptives or any other controversial drugs.

“The federal agency that determined PREP is mandatory coverage is unconstitutionally named and cannot require or recommend employers prescribe or cover drugs,” said Jeremy Telman, a law professor at the University of Oklahoma City.

Telman said that was the biggest takeaway from an opinion written by District Judge Reed O’Connor. In a lawsuit against a Texas company obligated to cover HIV drug PREP under its health insurance, O’Connor ruled that a pro bono task force that identified preventative drugs or vaccines to be covered should not exist. .

He said that’s because the task force was not nominated by the president or confirmed by the Senate.

“So that’s the real bombshell if this holds because there were something like 70 to 80 drugs that now need to be covered and that would open the door to more challenges for all that coverage,” Telman said. .

Telman said that if that ruling is made final and not successfully challenged in a higher court, Oklahoma companies could sue for copying and choose not to cover drugs or vaccines they don’t. not wish to cover, even without invoking a religious exemption.

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