The Biden administration has quietly withdrawn a proposed rule that would have expanded employer obligations to cover employees’ contraceptive services, including birth control, under the Affordable Care Act (ACA).
The move, announced on December 23, follows nearly a year of debate and over 44,000 public comments on the proposal.
The rule, introduced in February 2023, aimed to resolve ongoing legal battles over religious and moral objections to contraceptive coverage. Under current ACA guidelines, non-grandfathered health plans must cover preventive services, including contraceptives, without cost-sharing. However, exemptions exist for employers with religious or non-religious moral objections.
The proposed rule sought to:
- Remove exemptions for employers citing non-religious moral objections.
- Introduce a new individual contraceptive arrangement, allowing employees to access contraceptive services directly from providers at no cost, without employer involvement.
The rule was intended to balance religious freedom with expanded access to contraceptives.
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The Departments of Treasury, Labor, and Health and Human Services (HHS) issued a joint statement citing the extensive scope of public feedback and the need to prioritize other regulatory matters as reasons for withdrawing the rule.
“In light of the volume and breadth of scope of the comments received, the Departments want to further consider the proposals made in the proposed rules,” the statement read.
The agencies emphasized their commitment to revisiting the issue in the future, ensuring any new proposals are informed by the most up-to-date data and public input.
The withdrawal means the current framework for contraceptive coverage, including exemptions for both religious and moral objections, will remain in place. Critics argue this maintains barriers to access for some employees, while supporters view the decision as a win for religious liberty.
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Advocacy groups on both sides of the debate have voiced strong opinions:
- Reproductive rights advocates expressed disappointment, stating the decision stalls efforts to expand contraceptive access for workers whose employers object to providing such coverage.
- Religious liberty organizations praised the administration for reconsidering a rule they said infringed on employers’ rights to uphold their moral and religious beliefs.
The administration left the door open for future regulatory efforts in this area, stating that it “may propose new rules in the future, as appropriate.”
For now, the decision underscores the ongoing tension between expanding access to contraceptive care and accommodating religious and moral objections.
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