Final answer:
Telehealth services themselves are not subject to ERISA, but employer-provided health plans including telehealth can be. Under the RFRA, certain for-profit companies can deny coverage for contraception based on the owners' religious objections, as established by the Burwell v. Hobby Lobby Stores, Inc. case.
Step-by-step explanation:
Is telehealth subject to ERISA? While telehealth services themselves are not directly subject to ERISA, health plans provided by employers that may include telehealth services as a benefit could be regulated by ERISA. The Employee Retirement Income Security Act (ERISA) sets standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans. So, while telehealth as a standalone service is not regulated by ERISA, if it's part of an employer-provided health plan, that plan is likely subject to ERISA requirements.
Regarding the Religious Freedom Restoration Act of 1993 (RFRA), it does allow some companies to deny health coverage for contraception based on the religious objections of the company's owners. The landmark decision in the Burwell v. Hobby Lobby Stores, Inc. case demonstrated that certain for-profit companies could be exempt from the contraception mandate of the Affordable Care Act if it violated the religious beliefs of the company's owners. However, the applicability of RFRA to specific situations can be complex, and the outcomes depend on individual case circumstances.