Coverage of Preventive Services

As a result of court decisions, the final rules (83 FR 57536 (Nov. 15, 2018); 83 FR 57592 (Nov. 15, 2018)) and the interim final rules (82 FR 47792 (Oct. 13, 2017); 82 FR 47838 (Oct. 13, 2017)) regarding exemptions for certain plans and issuers from covering certain contraceptive items and services based on religious and moral objections are not in effect.  See Pennsylvania v. Trump, 351 F. Supp. 3d 791 (E.D. Pa. 2019), aff’d 930 F. Supp. 3d 543 (3d Cir. 2019); see also California v. Azar, 351 F. Supp. 3d 1267 (N.D. Cal. 2019) (enjoining the final rules with respect to plaintiff states).

On July 29, 2019, in a case in the Northern District of Texas, DeOtte v. Azar, No. 4:18-CV-00825-O, 2019 WL 3786545 (N.D. Tex. July 29, 2019) the court determined that the “Contraceptive Mandate, codified at 42 U.S.C. § 300gg–13(a)(4), 45 C.F.R. § 147.130(a)(1)(iv), 29 C.F.R. § 2590.715–2713(a)(1)(iv), and 26 C.F.R. § 54.9815–2713(a)(1)(iv), violates the Religious Freedom Restoration Act” with respect to individuals and entities with religious objections to contraceptive coverage and thus enjoined enforcement of those provisions against such individuals and entities.

The Departments of Labor, Health and Human Services, and the Treasury are working with the Department of Justice in these on-going suits.

• Affordable Care Act Implementation FAQs Part 64
• Request for Information: Coverage of Over-the-Counter Preventive Services
• Proposed Rule - Coverage of Certain Preventive Services under the Affordable Care Act, published February 2, 2023
  • HHS Fact Sheet, issued January 30, 2023
  • HHS News Release, January 30, 2023
• Affordable Care Act Implementation FAQs Part 54
• Letter from Secretaries Becerra, Yellen and Walsh on the ACA Contraceptive Coverage Requirement
• Frequently Asked Questions, Part 48 - August 16, 2021
• Frequently Asked Questions, Part 47 - July 19, 2021
• Interim Final Rule - Rapid Coverage of Preventive Services for Coronavirus and Price Transparency for COVID-19 Diagnostic Tests
• Final Rule - Religious Exemptions and Accommodations, published November 15, 2018
• Final Rule - Moral Exemptions and Accommodations, published November 15, 2018
• Interim Final Rule - Religious Exemptions and Accommodations, published October 13, 2017
• Interim Final Rule - Moral Exemptions and Accommodations, published October 13, 2017
• EBSA Form 700 – Due to the injunctions of the final rules, the 2017 version of the Form is not current.  Please use the 2014 EBSA Form 700.  An employer covered by the ruling in DeOtte (discussed above) is not required to execute EBSA Form 700.
• Model Notice to Secretary of HHS - Due to the injunctions of the final rules, the 2017 version of the Model Notice is not current.  Please use the 2014 Model Notice.  An employer covered by the ruling in DeOtte (discussed above) is not required to execute the model notice.
• Guidance on Revocation of Accommodation for Certain Preventive Services - Please see information at top of page.
• Request for Information - Coverage for Contraceptive Services, published July 22, 2016
  • Frequently Asked Questions, Part 36 - January 9, 2017
• Final Rules - Coverage of Certain Preventive Services Under the Affordable Care Act, published July 14, 2015
• Recommended Preventive Services for all Adults, Women, and Children

Previous Guidance

• Interim Final Rules - Coverage of Certain Preventive Services Under the Affordable Care Act, published August 27, 2014
  • EBSA Form 700- Revised August 2014 [MS Word Format] [Printer Friendly Format]
  • Model Notice to Secretary of HHS [MS Word Format] [Printer Friendly Format]
• Proposed Rules - Coverage of Certain Preventive Services Under the Affordable Care Act, published August 27, 2014
• Final Rules - Coverage of Certain Preventive Serviced Under the Affordable Care Act, published July 2, 2013
  • HHS Fact Sheet: Women’s Preventive Services Coverage, Non-Profit Religious Organizations, and Closely-Held For-Profit Entities, issued June 28, 2013
  • HHS Guidance on the Temporary Enforcement Safe Harbor, issued June 28, 2013
• Proposed Rules - Coverage of Certain Preventive Services Under the Affordable Care Act, published February 6, 2013
• Advance Notice of Proposed Rulemaking - Certain Preventive Services Under the Affordable Care Act, published March 21, 2012
• Final Rules - Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services Under the Patient Protection and Affordable Care Act, published February 15, 2012
• Amendment to Interim Final Rules with Request for Comments - Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services Under the Patient Protection and Affordable Care Act, published August 3, 2011
  • Public Comments on Coverage of Preventive Services - Amendment to Interim Final Rule
• Interim Final Rules with Request for Comments - Interim Final Rules for Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services Under the Patient Protection and Affordable Care Act, published July 19, 2010
  • Public Comments on Coverage of Preventive Services - Interim Final Rule