HHS walks back proposal requiring insurers to cover over-the-counter birth control

HHS has rescinded a proposal to require ACA plans to cover over-the-counter contraceptives, Politico reported Jan. 14. 

Officials told the outlet the rule was rescinded to allow the agency to "focus on other matters." The withdrawn regulation was proposed in October. 

The agency also withdrew an earlier proposed rule, introduced in 2023. The proposed rule would have established a program for members of plans sponsored by employers or universities that have religious objections to contraceptives to obtain them from a participating provider.

"The departments have determined it appropriate to withdraw the proposed rules at this time to focus their time and resources on matters other than finalizing these rules," officials from HHS, the Department of Labor and Internal Revenue Service wrote in a notice published Dec. 30. 

The withdrawals come as the ACA's preventive coverage requirements are set to be decided on by the Supreme Court. On Jan. 10, the court said it will hear the landmark case that challenges the federal government's authority to require insurers to cover preventive care services without cost-sharing. 

The Supreme Court is expected to issue a decision on the challenge this spring. 

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