A new brief from the Kaiser Family Foundation addresses the ACA's existing contraceptive coverage rule, the impact of the rule on insurance coverage and the future of coverage if the rule is eliminated either through a full ACA repeal or administrative action.
Here are seven things to know about the ACA contraceptive coverage rule and the implications of its possible elimination.
1. The rule was first issued in 2012.
2. Under the rule, new private plans were required to cover the full range of contraceptives approved by the Food and Drug Administration for women, counseling and services, according to KFF.
3. In 2015, HHS issued guidance making clear that at least one form of all 18 FDA-approved methods of birth control must be covered without cost-sharing, according to KFF. The brief notes that plans must also cover a specific option or product recommended by a provider, without cost-sharing. KFF said insurers, however, are allowed to use "reasonable medical management...to limit coverage to brand-name drugs when a generic version exists, and can impose cost-sharing for equivalent branded drugs."
4. Roughly 77 percent of women and 64 percent of men support no-cost contraceptive coverage, according to the brief.
5. There are varying contraceptive coverage requirements for employers. According to KFF, most employers must include the coverage in their plans. However, houses of worship may receive an exemption if they have religious objections. Religiously affiliated nonprofits and closely held for-profit corporations may not receive an exemption, but may receive an accommodation, KFF notes. This allows these employers to opt out of providing and paying for contraceptive coverage in their plans, the brief states.
6. The ACA contraceptive coverage rule has been challenged by religious employers, with two cases reaching the Supreme Court. If the court decides stipulations of the rule violate the Religious Freedom Restoration Act, religious employers will be exempt from providing contraceptive coverage to workers.
7. A modification or elimination of the ACA contraceptive coverage rule would mean the breadth of coverage will be based upon where a woman lives, where she works and her insurance plan, KFF said. "Millions of women could lose no-cost coverage for the full range of contraceptive methods. Insurance companies and employers will be the ones to make choices about coverage and cost-sharing. For some women, their choices will be limited, and some of the most effective and costly methods will be out of financial reach," the brief concludes.