HHS' Advance Notice of Proposed Rulemaking Compromises on Contraceptive Coverage

HHS has released an advance notice of proposed rulemaking (pdf) for preventive services under the Patient Protection and Affordable Care Act.

The ANPRM seeks comments on proposed amendments to section 2713 of the Public Health Services Act under the PPACA, which requires health insurers to cover preventive health services — including contraception — without cost sharing beginning Aug. 1, 2012.  Health plans sponsored by non-profit organizations that do not provide this coverage due to religious beliefs are granted a one-year safe harbor.

HHS issued these proposed amendments in response to religious organizations' objections to this requirement. The proposed rules exempt religious organizations that object to contraceptive coverage from the requirement beyond the one-year safe harbor. However, members of a plan sponsored by such organizations could receive contraceptive coverage by the health insurance company in separate health insurance that covers only contraception or by a third-party administrator. 

For health plans sponsored by objecting religious organizations, HHS proposes the following requirement:

•    Payors providing coverage for these plans cover contraception without cost sharing to plan members independent of the religious organization. Payors would pay for coverage without increasing premiums to the organization or plan member using estimated savings from the elimination of services payors would fund if contraceptives were not covered. This arrangement would also apply to student health insurance plans sponsored by religious organizations.

For self-insured plans sponsored by religious organizations, HHS proposes the following requirement:

•    A third-party administrator would provide contraceptive coverage independently of the organization. Third-party administrators are typically used by self-insured plans under a fee arrangement for administrative services, according to the ANPRM. Contraceptive coverage by the third-party administrator would not use any funds by the religious organization or plan member, but would instead use revenue from sources such as drug rebates, service fees or disease management program fees.

More Articles on Preventive Services:

Obama's Contraception Compromise Fails to Pacify Catholic Bishops
HHS Extends Deadline for Contraceptive Coverage Requirement

CMS to Stop Funding Texas' Women's Health Program

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