Federal agencies reinforce contraceptive coverage guidance

Several federal agencies have teamed up to issue guidance regarding birth control coverage in wake of recent Supreme Court decisions that upended family planning and reproductive healthcare in the United States. 

The Department of Health and Human Services (HHS), Department of Labor (DOL) and the Treasury clarified protections for birth control coverage under the Affordable Care Act (ACA). The healthcare law requires health insurers to cover contraceptives at no cost sharing to beneficiaries. 

The guidance comes as HHS has been directed by President Joe Biden’s executive order to improve pathways for access to reproductive care. Biden signed the executive order after the Supreme Court overturned Roe v. Wade in June, ending the Constitutional right to abortion care. Immediately following the high court’s decision, many states implemented abortion restrictions, bans and other laws impacting family planning. The court also hinted that it could take aim at the right to access contraceptive care in its June decision.

The federal agencies made clear that health insurers still have a responsibility to meet the requirements of the ACA regarding birth control access. 

“Under the ACA, you have the right to free birth control — no matter what state you live in,” HHS Secretary Xavier Becerra said in a statement. “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. Family planning, one of the greatest public health achievements of the 20th century, is key to better health outcomes. We will do all we can at HHS to protect family planning and all other forms of reproductive healthcare, including abortion care, because it is essential healthcare.”

The ACA covers women’s preventive services, including free birth control and contraceptive counseling, for all individuals and covered dependents with reproductive capacity. This includes:

  • Hormonal methods, like birth control pills and vaginal rings
  • Implanted devices, like intrauterine devices (IUDs)
  • Emergency contraception, like Plan B and ella
  • Barrier methods, like diaphragms and sponges
  • Patient education and counseling
  • Sterilization procedures
  • Any additional contraceptives approved, granted, or cleared by the FDA

The guidance also comes after Becerra, Labor Secretary Marty Walsh, and Treasury Secretary Janet L. Yellen sent a letter to health insurers and employer health plan organizations reminding them of their obligations to meet the ACA law.

“To the American people, including those who are concerned that their access to care is at risk, I say this: we stand firmly with you, and the Centers for Medicare & Medicaid Services (CMS) will do everything we can to ensure that you have access to the full range of reproductive health care you need,” CMS Administrator Chiquita Brooks-LaSure said. “Today, we are taking another important step by reminding employer-sponsored health plans and health insurance issuers of their obligations to provide the full range of contraceptive care to their enrollees.”
 

Amy Baxter

Amy joined TriMed Media as a Senior Writer for HealthExec after covering home care for three years. When not writing about all things healthcare, she fulfills her lifelong dream of becoming a pirate by sailing in regattas and enjoying rum. Fun fact: she sailed 333 miles across Lake Michigan in the Chicago Yacht Club "Race to Mackinac."

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