United States Court of Appeals for the Seventh Circuit ______No
Case: 13-3853 Document: 85 Filed: 05/19/2015 Pages: 50 In the United States Court of Appeals For the Seventh Circuit ____________________ No. 13-3853 UNIVERSITY OF NOTRE DAME, Plaintiff-Appellant, v. SYLVIA MATHEWS BURWELL, Secretary of U.S. Department of Health & Human Services, et al., Defendants-Appellees, and JANE DOE 3, Intervening Appellee. ____________________ Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. No. 3:13-cv-01276-PPS-CAN — Philip P. Simon, Chief Judge. ____________________ ARGUED APRIL 22, 2015 — DECIDED MAY 19, 2015 ____________________ Before POSNER, FLAUM, and HAMILTON, Circuit Judges. POSNER, Circuit Judge. The Affordable Care Act requires providers of health insurance (including both health insur- ance companies and companies that administer self-insured Case: 13-3853 Document: 85 Filed: 05/19/2015 Pages: 50 2 No. 13-3853 employer health plans on behalf of the employer—such companies are called “third party administrators”) to cover certain preventive services without cost to the insured, in- cluding, “with respect to women, such additional preventive care … as provided for in comprehensive guidelines sup- ported by the Health Resources and Services Administra- tion” of the Department of Health and Human Services. 42 U.S.C. § 300gg-13(a)(4); see also 45 C.F.R. § 147.130(a)(1)(iv); 76 Fed. Reg. 46621, 46623 (Aug. 3, 2011). Guidelines specify- ing such care have been promulgated by the Department and include, so far as bears on this case, “all Food and Drug Administration approved contraceptive methods.” Health Resources & Services Administration, “Women’s Preventive Services Guidelines,” www.hrsa.gov/womensguidelines (visited May 14, 2015, as were the other websites cited in this opinion).
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