On February 2, 2023, the Departments of Labor, Health and Human Services, and Treasury (the “Tri-Agencies”) proposed a rule to expand women’s access to birth control under the Affordable Care Act (ACA). 

The proposed rule revises the exemption allowances under the existing rules, allowing those employers with religious objections to exclude contraceptives while providing an independent (non-employer) pathway for women to have access to no-cost birth control. In these cases, even if an employer excludes contraceptives from its health plan due to religious objections, individuals can obtain contraceptives through a willing contraceptive provider, who would be reimbursed by an insurer on the ACA exchanges.

“Today’s proposed rule works to ensure that the tens of millions of women across the country who have and will benefit from the ACA will be protected. It says to women across the country, we have your back,” said HHS Secretary Xavier Becerra in a statement.

If you need to discuss how contraceptives are covered under your plan, contact your MedBen Account Management team.