“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.”