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July 29, 2022
Health Law Weekly

Administration Issues New Guidance on ACA Contraceptive Coverage Requirements

  • July 29, 2022

The Biden administration released July 28 new guidance to underscore protections for birth control coverage under the Affordable Care Act (ACA).

The guidance, in the form of Frequently Asked Questions, follows a letter the administration issued late last month to group health plans and health insurance issuers reminding them of their obligations under the ACA to cover contraceptive services at no cost. 

The latest guidance, which was issued by the Departments of Health and Human Services (HHS), Labor, and Treasury, is part of the administration’s broad-based efforts to ensure access to reproductive health care in the wake of the Supreme Court’s ruling overturning Roe v. Wade.

HHS said the guidance comes in response to increasing complaints from women about not receiving contraceptive coverage.

“Under the ACA, you have the right to free birth control—no matter what state you live in,” said HHS Secretary Xavier Becerra. “With abortion care under attack, it is critical that we ensure birth control is accessible nationwide, and that employers and insurers follow the law and provide coverage for it with no additional cost.”

Labor Secretary Marty Walsh cited “troubling reports that plans and issuers are not following the law,” adding that plans that fail to comply will face enforcement action.

The ACA guarantees coverage of women’s preventative services, which includes birth control and contraceptive counseling.

 

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