HHS emphasizes commitment to enforcing birth control coverage

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The U.S. Department of Health and Human Services and the Departments of Labor and Treasury are taking action to clarify protections for birth control coverage under the Affordable Care Act. 

The departments have issued guidance on access to emergency contraceptives, emphasizing their commitment to enforcement.  

Under the ACA, most private health plans are required to provide birth control and family planning counseling at no additional cost, but patients have complained they are not receiving contraceptive coverage, according to HHS.
 
WHY THIS MATTERS

Reproductive rights are under assault in many states across the country, according to HHS, following the June Supreme Court decision overturning Roe v. Wade.

There have been increasing complaints from women and covered dependents about not receiving contraceptive coverage, HHS said, despite the ACA's contraceptive coverage requirements. 

Last month, HHS Secretary Xavier Becerra, Labor Secretary Marty Walsh, and Treasury Secretary Janet L. Yellen sent a letter to health insurers and employer health plan organizations, and the departments convened a meeting with them, calling on the industry to commit to meeting their obligations to provide coverage for contraceptive services at no cost as required by the ACA.

Becerra said by 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 guarantees coverage of women's preventive services, including free birth control and contraceptive counseling, for all individuals and covered dependents with reproductive capacity. This includes, but is not limited to:
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; and any additional contraceptives approved, granted, or cleared by the Food and Drug Administration.
  
THE LARGER TREND

According to a report released by HHS, in 2020, 58 million women benefited from the ACA's preventive services and birth control coverage, which has saved billions of dollars in out-of-pocket spending on contraceptives since the ACA was passed. 

After the Supreme Court decision overturning the right to an abortion, President Biden issued an Executive Order ensuring access to reproductive healthcare. 

ON THE RECORD

"Today's guidance makes clear that the law requires group health plans and health insurance issuers to provide contraceptive coverage – including emergency contraception – at no cost to participants," said Labor Secretary Marty Walsh. "We have heard troubling reports that plans and issuers are not following the law. We expect them to remove impermissible barriers and ensure individuals have access to the contraceptive coverage they need. If plans and issuers are not complying with the law, we will take enforcement action to ensure that participants receive this coverage, again with no cost sharing."
 
 

Twitter: @SusanJMorse
Email the writer: SMorse@himss.org