On January 30, 2023, the Department of Health and Human Services, the Department of Labor, and the Department of the Treasury (collectively, the departments), issued proposed rules to amend regulations regarding coverage of certain contraceptive preventive services under the ACA.
Current regulations require non-grandfathered group health plans and non-grandfathered group or individual health insurance coverage to cover certain contraceptive services without cost-sharing unless an exemption exists. Exemptions may be granted to group health plans, student health plans, health insurance issuers, or individuals who purchase individual health insurance with religious or moral objections to coverage of contraceptive services.
The proposed regulations would leave the existing religious exemptions in place and rescind the moral exemption rule, while establishing a new program, called an individual contraceptive arrangement. The new program would allow an individual enrolled in an exempted plan to access contraceptive services at no cost directly from a provider or facility that furnishes contraceptive services. The individual contraceptive arrangement would not require any involvement from the objecting entity; instead, providers would receive reimbursement from issuers on the federally-facilitated exchange or state-based exchange on the federal platform.
Public comments on the proposed rule must be submitted by April 3, 2023. We will continue to report on further developments in Compliance Corner.
Proposed Rule » Fact Sheet »
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