Post Hobby Lobby, White House issues new contraceptive coverage rules

HHS proposes changes in wake of court rulings

HHS last week announced two rules designed to preserve contraceptive coverage under the Affordable Care Act (ACA) in light of recent court decisions on the issue.

The changes are meant to address gaps in coverage created by the Supreme Court's Hobby Lobby ruling, which allowed a business to deny contraceptive coverage in its employer-sponsored health plan, as well as the court's decision to grant an injunction to Wheaton College, an evangelical university that objected to filling out a form that would authorize a third party to provide the coverage for its employees and students.

How many people are affected by Supreme Court's Hobby Lobby decision?

"Women across the country deserve access to recommended preventive services that are important to their health, no matter where they work," HHS Secretary Sylvia Burwell said.

Rule for religious not-for-profits

One rule maintains the accommodation for religiously affiliated not-for-profits that object to contraceptive coverage but creates a second way for those entities to inform the government of their objections.

Under the new option, religiously affiliated not-for-profits can send a letter to HHS stating that they object to offering contraceptive coverage in their health plans. Such organizations still have the option of filling out the form if they prefer.

The rule takes effect immediately upon publication, but HHS will take comments, it said.

Rule seeks comments on accommodation for for-profit entities

The second rule seeks comments on allowing the same accommodation for "closely held for-profit entities, like Hobby Lobby."

Specifically, HHS called for comments "on how to define a closely held for-profit company and whether other steps might be appropriate to implement this policy" (Carmon, MSNBC, 8/22; Bassett, Huffington Post, 8/22; HHS release, 8/22).


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