Contraceptive coverage rules expected to change

The U.S. Department of Health and Human Services, the Department of Labor, and the Treasury Department this month issued a frequently asked questions guidance document about the enforcement of the contraceptive coverage mandate under the Affordable Care Act. The FAQ document indicates that the departments intend to amend existing religious and moral exemptions to the contraceptive coverage mandate in response to recent litigation.

The ACA requires non-grandfathered health plans to cover certain women’s preventive health services without cost sharing, including all FDA-approved contraceptives. In 2018, those federal departments published final regulations expanding the exemptions and accommodations to the contraceptive mandate to any entities with religious or moral objections to the contraceptive coverage requirement. On July 8, 2020, the U.S. Supreme Court upheld these regulations as a valid exercise of power.

The new FAQ document indicates the Departments intend to issue regulations within six months to amend the 2018 final regulations, but the FAQ does not provide any additional details about the types of changes that may be made.