On Objections To Contraceptive Coverage, Trump Administration Appears Set To Reverse Obama Approach

On May 30, 2017, a draft of an interim final rule promulgated by the Departments of Health and Human Services, Labor, and Treasury, addressing conscience-based objections to the coverage of contraceptives under the preventive services requirement of the Affordable Care Act, was leaked to the media. The draft seems authentic and has been widely reported in the media. However, the draft is currently at the Office of Management and Budget for review, and the interim final rule when released may be different from the draft. It will also be accompanied by Health Resources and Services Administration (HRSA) women’s preventive services guidelines that will embody the new rule. The interim final rule will be effective upon publication, but the administration will accept comments on the rule for 60 days. If promulgated as drafted, the rule will depart dramatically from the position the Obama administration had taken on the contraceptives issue. The Obama administration had asserted a compelling governmental interest in women having access to contraceptives without cost sharing through the insurance plans that otherwise covered their health care. The Obama administration had carved out limited exceptions for religious organizations that opposed covering their employees and students, and had twice gone to the Supreme Court defending the scope of its accommodation as it litigated dozens of cases brought by 122 entities claiming that the requirement infringed their religious liberty. Th...
Source: Health Affairs Blog - Category: Health Management Authors: Tags: Following the ACA Insurance and Coverage contraceptive coverage ERISA HRSA Preventive Services Mandate Women's Health Source Type: blogs