A multitude of federal agencies quietly ditched a proposed regulation aimed at expanding access to contraception through health plans, boosting insurers' ability to claim religious or moral objection.
In a notice posted Dec. 23, the Department of Health and Human Services, Department of Treasury and Department of Labor said the proposed rulemaking was withdrawn after receiving nearly 45,000 public comments.
“The departments have determined it appropriate to withdraw the proposed rules at this time to focus their time and resources on matters other than finalizing these rules,” the agency heads said.
Under the Affordable Care Act, plans must offer preventive services with no cost sharing, but exemptions exist for organizations with religious or moral objections to contraception.
The Centers for Medicare & Medicaid Services introduced the proposed rule in early 2023 to help settle the topic, often rearing its head in the courtroom. The Biden administration proposed removing the moral exemption rule. It also hoped to add an individual contraceptive arrangement in collaboration with willing providers, even if members were enrolled in plans that objected to contraception coverage. These members would be reimbursed after entering an agreement with a federal or state exchange.
In 2018, the Trump administration allowed for moral and religious exemptions for objecting plans and higher education institutions. These groups could officially opt out, allowing members to obtain covered contraception elsewhere, but many organizations did not, leaving workers without options.
The ACA could be further diminished if the Supreme Court decides to listen to a case brought forward by Braidwood Management, arguing the preventive services provision requiring coverage without cost sharing is unconstitutional. The court is expected to decide if it will take the case this month.
President Joe Biden has attempted to increase protections to women’s health issues after the Supreme Court overturned Roe v Wade in June 2022. Earlier this year, the administration finalized a rule ensuring a patient’s contraception history is private. It also proposed a rule requiring plans to cover over-the-counter contraceptives for free, though it remains to be seen if the rule will be finalized and upheld under a second Trump administration.