Eternal Word Television Network, Inc. v. Sebelius

• Citation: 935 F.Supp.2d 1196
• Decision Date: 25 March 2013
• Docket Number: Case No. 2:12–CV–501–SLB.
• Parties: ETERNAL WORD TELEVISION NETWORK, INC., Plaintiff, v. Kathleen SEBELIUS, Secretary of the United States Department Health and Human Services, United States Department of Health and Human Services, Hilda Solis, Secretary of the United States Department of Labor, United States department of Labor, Timothy Geithner, Secretary of the United States Department the Treasury, and United States Department of the Treasury, Defendants.
• Court: United States District Courts. 11th Circuit. United States District Court of Northern District of Alabama

935 F.Supp.2d 1196

ETERNAL WORD TELEVISION NETWORK, INC., Plaintiff,

v.Kathleen SEBELIUS, Secretary of the United States Department Health and Human Services, United States Department of Health and Human Services, Hilda Solis, Secretary of the United States Department of Labor, United States department of Labor, Timothy Geithner, Secretary of the United States Department the Treasury, and United States Department of the Treasury, Defendants.

Case No. 2:12–CV–501–SLB.

United States District Court,

N.D. Alabama,

Southern Division.

March 25, 2013.

Kyle Duncan, Lori Windham, Eric N. Kniffin, The Becket Fund for Religious Liberty, Washington, DC, for Plaintiff.

Jacek Pruski, Eric R. Womack, U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION

SHARON LOVELACE BLACKBURN, Chief Judge.

On February 9, 2012, Eternal Word Television Network, Inc. (“EWTN”) filed a Complaint in this court naming Kathleen Sebelius, Secretary of the United States Department of Health and Human Services; the United States Department of Health and Human Services; Hilda Solis, Secretary of the United States Department of Labor; the United States Department of Labor; Timothy Geithner, Secretary of the United States Department of the Treasury; and the United States Department of the Treasury as defendants (collectively “defendants”). (Doc. 1.) ¹ EWTN's Complaint, as amended on March 21, 2012, alleges that defendants promulgated regulations pursuant to the Patient Protection and Affordable Care Act, Pub. L. 111–148, 124 Stat. 119 (2010), and the Health Care and Education Reconciliation Act, Pub. L. 111–152, 124 Stat. 1029 (2010) (collectively “Affordable Care Act” or “ACA”) in violation of (1) the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb et seq., (2) the Free Exercise Clause of the First Amendment, U.S. Const. amend. I, (3) the Establishment Clause of the First Amendment, U.S. Const. amend. I, (4) the Freedom of Speech Clause of the First Amendment, U.S. Const. amend. I, and (5) the Administrative Procedure Act, 5 U.S.C. 550 et seq. (Doc. 13 ¶¶ 118–205.)

This case is currently before the court on defendants' Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1). (Doc. 29.) Upon consideration of the record, the submissions of the parties, and the relevant law, the court is of the opinion that defendants' Motion to Dismiss is due to be granted.

I. FACTS, STATUTORY BACKGROUND, AND PROCEDURAL HISTORY²

A. Eternal Word Television Network

In 1981, Mother Angelica, a Catholic nun of the Poor Clares of Perpetual Adoration order, founded EWTN in Irondale, Alabama. (Doc. 13 ¶ 2.) EWTN is “dedicated to the advancement of truth as definedby the Magisterium of the Roman Catholic Church.” ( Id. ¶ 23.) Its mission is “to serve the orthodox belief and teaching of the Church as proclaimed by the Supreme Pontiff and his predecessors.” ( Id.) EWTN claims to be the world's largest Catholic media network: among other things, it transmits television programming through eight different services, broadcasts in both English and Spanish, has two 24–hour radio services, and maintains a popular website. ( Id. ¶¶ 2, 21.) Currently, EWTN has more than 300 employees. ( Id. ¶ 27.)

EWTN promotes the Roman Catholic Church's teachings regarding the sanctity of human life and the purpose of human sexuality. ( Id. ¶ 24–25.) In terms of the sanctity of human life, EWTN teaches that “all ... life is sacred and precious, from the moment of conception.” ( Id. ¶ 24.) Accordingly, it believes that “abortion ends a human life and is a grave sin.” ( Id.) Regarding human sexuality, EWTN believes that it has two main purposes: (1) to closely unite husband and wife and (2) to generate new life. ( Id. ¶ 25.) Thus, EWTN both believes and teaches that “any action which either before, at the moment of, or after sexual intercourse, is specifically intended to prevent procreation, whether as an end or as a means—including contraception and sterilization—is a grave sin.” ( Id. (internal quotation marks and citation omitted).)

In accordance with these beliefs, EWTN provides health care coverage that it considers to be “superior to coverage generally available in the Alabama market,” ( id. ¶ 28), but which excludes coverage for artificial contraception, sterilization, and abortion, ( id. ¶ 30). EWTN claims that it cannot provide health insurance covering “artificial contraception, sterilization, or abortion, or related education and counseling, without violating its deeply held religious beliefs.” ( Id. ¶ 29.) EWTN's employee insurance plan is a self-funded plan administered by Blue Cross/Blue Shield of Alabama that begins annually on July 1. ( Id. ¶ 32, doc. 33 at 10, 12.)

EWTN operates off of donations from the public and does not generate revenue from carriage fees or advertising. (Doc. 13 ¶ 33.) It claims that its donors give with an understanding of its mission and with the aim that their donations will further EWTN's adherence to, dissemination of, and reporting of reliable teachings on Catholic morality and practices. ( Id.) Thus, according to EWTN, using donated funds for purposes known to be morally repugnant to its donors would violate an implicit trust between the donors and the network. ( Id. ¶ 34.)

B. Statutory and Regulatory History

In March of 2010, Congress passed the ACA. See Patient Protection and Affordable Care Act, Pub. L. No. 111–148, 124 Stat. 119 (2010); Health Care and Education Reconciliation Act, Pub. L. No. 111–152, 124 Stat. 1029 (2010) (amending the ACA). Section 1001 of the ACA added section 2713 to the Public Health Service Act (“PHSA”). See42 U.S.C. § 300gg–13. Section 2713, in response to the American public's use of preventive health care services at approximately half the recommended rate, ( see doc. 29–1 at 10), requires, in part, the inclusion of certain preventative care measures in health care plans:

group health plan[s] ³ and [ ] health insurance issuer[s] offering group or individualhealth insurance coverage shall ... provide coverage [without] any cost sharing requirements for—

(1) evidence-based items or services that have in effect a rating of “A” or “B” in the current recommendations of the United States Preventive Services Task Force; [and]

....

(4) with respect to women, such additional preventive care and screenings not described in paragraph (1) as provided for in comprehensive guidelines supported by the Health Resources and Services Administration for purposes of this paragraph.

42 U.S.C. § 300gg–13(a)(1), (4).

Through section 2713 of the PHSA, Congress intended to increase the public's access to and use of recommended preventive services. SeeInterim Final Rules Relating to Coverage of Preventive Services Under the ACA, 75 Fed.Reg. 41,726, 41,729 (July 19, 2010). As demonstrated above, the Affordable Care Act gives the Health Resources and Services Administration (“HRSA”)—a division of defendant Department of Health and Human Services (“HHS”)—the authority to develop guidelines determining the recommended preventive services. See42 U.S.C. § 300gg–13(a)(4). Because no HRSA guidelines relating to preventive care and screening for women existed when the ACA was passed, HHS commissioned the Institute of Medicine (“IOM”) to recommend a set of comprehensive guidelines. (See doc. 13 ¶ 60); Women's Preventive Services: Required Health Plan Coverage Guidelines, HRSA, http:// www. hrsa. gov/ womens guidelines/ (last visited Mar. 21, 2013) [hereinafter Preventive Services Guidelines].

On July 19, 2010, defendants promulgated interim final rules that implemented section 2713 of the PHSA. See75 Fed.Reg. at 41,726, 41,728. In relevant part, the interim final rules require group health plans or health insurance issuers to provide coverage for newly recommended preventive services, without cost-sharing, for plan years (or policy years) that begin “on or after the date that is one year after the date the [new] recommendation or guideline is issued.” 26 C.F.R. § 54.9815–2713T(b)(1); 29 C.F.R. § 2590.715–2713(b)(1); 45 C.F.R. § 147.130(b)(1). In other words, plans must comply with the new recommendations for preventive services starting with the plan year that begins on or after the one year anniversary of the issuance of the new recommendations. However, the interim final rules further specify that these requirements do not apply to “grandfathered health plans.” 75 Fed.Reg. at 41,729. Grandfathered plans are those “in which an individual was enrolled on March 23, 2010” that also comply with certain additional regulations. See26 C.F.R. § 54.9815–1251T(a); 29 C.F.R. 2590.715–1251(a); 45 C.F.R. § 147.140(a). However, a plan may lose its grandfathered status if it undergoes one or more of the changes set forth in 45 C.F.R. § 147.140(g)(1) after March 23, 2010. See also26 C.F.R. § 54.9815–1251T(g)(1); 29 C.F.R. § 2590.715–1251(g)(1). The parties agree that EWTN has alleged that its plan is not eligible for grandfather status.⁴

On July 19, 2011, one year after the interim final rules were first issued, IOM published its report, which included the preventative services guidelines. (See doc. 13 ¶ 63); Institute of Medicine, Clinical Preventive Services for Women: Closing the Gaps (July 19, 2011), available at http:// www. iom. edu/ Reports/ 2011/ Clinical– Preventive– Services– for Women– Closing– the– Gaps. aspx. The report recommends that the HRSA guidelines include, among other services, well-woman visits, breastfeeding support, domestic violence screenings, id. at contraceptives, and diaphragms. (See doc. 13 ¶ 64); FDA, Birth Control Guide, available at http:// www. fda. gov/ For Consumers/ By Audience/ For Women/ ucm 118465. htm (last visited March 21, 2012).

On August 1, 2011, HHS adopted IOM's recommendations in full by issuing an amendment to the interim final rules. SeeGroup Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services Under the Patient Protection and...