January 14, 2025
On December 23, 2024, the DOL, HHS, and IRS (the departments) withdrew proposed rules that would have provided an additional method for individuals to obtain no-cost contraceptive services if their health plan or insurer did not provide such services due to a religious exemption.
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 due to a religious or moral objection applies. As explained in a previous edition of Compliance Corner, 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. As proposed, the new program would have allowed an individual enrolled in an exempted plan to access contraceptive services at no cost directly from a healthcare provider or facility.
According to the withdrawal notice, the departments withdrew the proposed regulations to focus on other matters instead of finalizing the rules but may propose other rules in the future. No action is required by plan sponsors, although those currently qualifying for an exemption may want to be aware of this recent development.
Withdrawal of notice of proposed rulemaking: Coverage of Certain Preventive Services Under the ACA
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