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July 01, 2022
Health Law Weekly

Administration Reminds Insurers About ACA Contraceptive Coverage Requirements

  • July 01, 2022

The administration issued June 27 a letter to group health plans and health insurance issuers reminding them of their obligations under the Affordable Care Act (ACA) to cover contraceptive services at no cost.

The letter, signed by Secretaries Xavier Becerra, Marty Walsh, and Janet L. Yellen of the U.S. Departments of Health & Human Services, Labor, and Treasury, respectively, comes after the Supreme Court issued its decision overturning Roe v. Wade. See Dobbs v. Jackson Women’s Health Organization, No. 19–1392 (U.S. June 24, 2022).

The ACA requires plans and issuers to cover, at no cost, at least one form of contraception within each of the contraceptive categories identified by the Food and Drug Administration. “Regrettably, there have been troubling and persistent reports of noncompliance with these requirements,” the letter said.

“We are calling on the industry to remove impermissible barriers and ensure individuals have access to the contraceptive coverage they need, as required under the law,” the letter said. “It is more important than ever to ensure access to contraceptive coverage with no out-of-pocket costs under the Affordable Care Act.”

The agencies said plans and issuers should take steps immediately to ensure they are complying with the contraceptive coverage requirements, or they could face enforcement or other corrective actions.

The agencies also met June 27 with national leaders of the health insurance industry about the issue, asking them to ensure access to contraceptive coverage at no cost in accordance with the ACA.

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