Biden Harris Administration Proposes Rules to Strengthen Access to Birth Control Coverage under ACA

Today, HHS and Departments of Labor and Treasury are proposing new rules med at enhancing access to birth control coverage under the Affordable Care Act ACA. Under the ACA, most healthcare plans must cover contraceptive services with no additional out-of-pocket costs. To date, millions have benefited from this provision.

The proposed regulations seek to expand and strengthen access to these services for all women who need or want them, safeguarding existing benefits while addressing barriers that may limit women's access. The 2018 final regulations that expanded exemptions based on religious beliefs and moral convictions allow certn private health plans and insurers to exclude contraceptive coverage. However, the proposed rules would eliminate the former's moral exemption while retning the established religious exemption.

The new rules introduce an indepent pathway for women and covered depents enrolled in health plans offered by entities that have religious objections but do not provide contraceptive services through a voluntary accommodation. Under these circumstances, affected individuals can access birth control directly from willing providers without incurring any cost. This ensures continuous avlability of no-cost contraceptive services even when the plan or insurer has a religious exemption and does not offer an accommodation.

These initiatives are part of the Biden-Harris Administration's commitment to guaranteeing access to reproductive health care, following earlier efforts that expanded access to birth control and family planning services. Actions taken include convening health insurers for commitments aligning with ACA requirements and issuing guidance to clarify contraceptive coverage protections post-Dobbs v. Jackson Women’s Health Organization decision.

The U.S. Supreme Court's Dobbs decision underscores the importance of broad access to contraception nationwide. In response, HHS released a report detling actions taken in light of Dobbs and outlining future plans and commitments med at enhancing reproductive health care access.

For comprehensive detls on these proposed rules and how to provide feedback during their public comment period, visit CMS.govnewsroomfact-sheetscoverage-certn-preventive-services-under-affordable-care-act-proposed-ruleshttps:www.cms.govnewsroomfact-sheetscoverage-certn-preventive-services-under-affordable-care-act-proposed-rules or check the Federal Register for updates.

HHS has also released a report titled Marking the 50th Anniversary of Roe: Biden-Harris Administration Efforts to Protect Reproductive Health Care, summarizing actions taken post-Dobbs decision.

The full report can be accessed at https:www.hhs.govsitesdefaultfilesroe-report.pdfhttps:www.hhs.govsitesdefaultfilesroe-report.pdf.

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