HHS Notifies of Intent to Modify Women's Preventive Health for Certain Non-Profit Employers

January 23, 2012

HHS Notifies of Intent to Modify Women's Preventive Health for Certain Non-Profit Employers

On January 20, 2012, the Department of Health and Human Services (HHS) issued a news release stating their intent to modify the August 2011 interim final regulations for preventive care under the Patient Protection and Affordable Care Act (PPACA). This modification will take into consideration non-profit employers who, based on religious beliefs, do not currently provide contraceptive coverage in their insurance plans, but who will not qualify for the full exemption.

Such non-profit employers will be provided an additional year, until August 1, 2013, to comply with the new law. Employers wishing to take advantage of the additional year must certify that they qualify for the delayed implementation.

Additionally, the final rule will require employers that do not offer coverage of contraceptive services to provide a notice of such to employees. The notice must also state that contraceptive services are available at sites such a community health centers, public clinics and hospitals with income-based support.

The final rule on preventive health services, which has not yet been released, will ensure that women with health insurance coverage will have access to the full range of the Institute of Medicine's recommended preventive services — including all Food and Drug Administration (FDA)-approved forms of contraception. Until the final rule is published, the details of these new requirements are unclear.

All other non-grandfathered plans will be required to cover FDA-approved contraceptive services for plan years beginning on or after August 1, 2012.

Religious organizations, explicitly defined by HHS, that offer insurance to their employees are still exempt from the requirement to cover contraceptive services.