Responding to media reports, the Archdiocese of New York said that its
payments to a labor union fund that goes towards insurance coverage of
contraception and abortion are involuntary and do not excuse the federal
contraception mandate.
“The union, local 1199, is present in all health care facilities. Even
if a health care facility chose not to negotiate with the union it would
be forced to abide by the same terms of the contract,” archdiocese
communications director Joseph Zwilling told CNA on May 30.
The New York Times on May 26 reported that the Archdiocese of New York
“reluctantly and indirectly” funds objectionable health care coverage
for about 3,000 full-time employees of ArchCare, which operates seven
nursing homes and a number of other health care facilities.
ArchCare, like other health care employers in New York, pay into a union
benefit fund that is then used by the union to pay for various benefits
including an insurance plan that covers contraception and abortion.
Also known as the Catholic Health Care System, ArchCare is a member of
the League of Voluntary Hospitals and Homes, which periodically
negotiates a joint labor contract with the union 1199 SEIU United
Healthcare Workers East.
However, even if the archdiocese chose not to be part of the league,
labor laws prohibit Catholic facilities from simply opting to ignore the
union.
“It doesn’t matter whether you join the league or you don’t join; the
league determines the contract, and then the union goes and forces the
same arrangement on the other homes whether you are in the league or
not,” said Scott LaRue, the chief executive of ArchCare, according to
the New York Times.
In a May 27 statement, Zwilling said the New York Times article
“incorrectly equates” the union health care benefits with the federal
mandate issued by the Department of Health and Human Services to require
employers to offer insurance plans covering contraception,
sterilization and some drugs that may cause early abortions.
After strong opposition to the initial mandate, the government began a
series of steps to modify the regulation. The most recent proposal would
exempt churches and their affiliated organizations from the mandate’s
requirements. However, religious institutions such as hospitals, schools
or soup kitchens that are not run by a house of worship would not
qualify for an exemption.
These religious organizations would instead be subject to a separate
provision under which the health insurance plans they fund would trigger
free coverage of the objectionable products for their employees. The
administration argues that this coverage can be offered free-of-charge
because the cost of the contraceptives would be offset by the
“tremendous health benefits” that women enjoy from using contraception,
along with the fewer childbirths that will result.
Critics have voiced doubt over these claims, arguing that the objecting
religious groups will ultimately still fund the coverage through their
premium payments.
Zwilling stressed that the labor union’s action insurance plan does not justify the federal mandate.
He noted that federal law and the First Amendment place restrictions on
government imposition on religion that do not extend to labor unions.
He further explained that the archdiocese “has objected to the dilemma
of choosing between providing health care to employees or violating its
sincere religious beliefs in both instances.”
“ArchCare did not exist at the time the contract with 1199 was
finalized. When ArchCare was formed, it inherited this situation and
objected to these services being included in the 1199 health plan,” he
said.
“However, ArchCare had no other option but to pay into the fund which
administers the union members’ benefits ‘under protest’ to continue to
offer insurance to its union workers and remain in the health care field
in New York.”
In the same way, he explained, the archdiocese has appealed to the Obama
administration, Congress and the court system to protect its religious
freedom from the demands of the contraception mandate.
“In all cases where the health insurance benefit plan is under the
control of the Archdiocese, including for all non-union ArchCare
employees, contraceptive care services are not provided,” he said.