The Biden administration is withdrawing a proposed rule from October requiring health plans to cover over-the-counter contraceptive drugs for free, without cost-sharing or a prescription.
The departments of Labor, the Treasury and Health and Human Services are quietly backing away from the rule, originally brought forward to “address ongoing complaints and reports of noncompliance” of preventive services, as well as increase access to contraceptive items, the notice (PDF) said.
Group health plans are already required to cover certain preventive services under the Affordable Care Act (ACA). Contraceptive services are covered with a prescription.
The feds said they are instead turning attention to other regulatory efforts, including rulemaking on cost-sharing under the ACA and the No Surprises Act.
President Joe Biden and Vice President Kamala Harris said the rule would’ve increased contraception coverage without cost-sharing for 52 million women with private health insurance. Health plans would’ve covered daily oral contraceptives or other Food and Drug Administration-approved drugs if a therapeutic equivalent were not already offered.
The departments received 268 comments, with the comment period ending Dec. 27. It’s unlikely President-elect Donald Trump would have supported this rule if finalized.
Under the Congressional Review Act, there is a limited lookback period in which a new administration can overturn regulatory rules approved at the eleventh hour. A commonly accepted legal belief says once a rule is overturned using the act, it cannot be introduced by a future administration in “substantially the same” way.
Earlier this month, the Biden administration withdrew similar guidance aimed at protecting access to contraception through health plan coverage. Under this proposed rule, insurers would have less leeway to claim religious exemption or moral objection to offering these services.