Biden Administration Proposes Bolstering Access To Contraceptives Mandate Under Obamacare

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  • The Biden administration proposed eliminating employers’ ability to object to the contraceptive mandate on moral grounds under the Affordable Care Act (ACA), also known as Obamacare.
  • The proposed rule, unveiled Monday, would remove an exemption to the mandate that allows employers to opt out of moral convictions. 
  • It would also create an independent pathway for individuals enrolled in plans offered by employers with religious exemptions to access contraceptive services through a willing provider without charge.
  • This would allow women and covered dependents to navigate their care and still obtain birth control at no cost in the event their plan or insurer has a religious exemption and, if eligible, has not elected the optional accommodation.
  • The proposed rule would leave in place the existing religious exemption for employers with objections and the optional accommodation for contraceptive coverage.
  • Under the new rule, a provider would offer contraception at no cost to the employee and be reimbursed by an insurer, who would receive a credit from the government.
  • The rule would also remove employer moral objections as grounds for exemption from coverage but keep religious ones in place.
  • CNN reported that the Health and Human Services Department estimated that the proposed rule change would impact more than 100 employers and 125,000 employees.
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