The Biden administration has withdrawn proposed regulations aimed at limiting employers’ ability to refuse contraception coverage under the Affordable Care Act (ACA). The rules, announced in January 2023, sought to prevent employers from claiming exemptions based on “non-religious moral objections” and would have expanded access to free birth control for employees of objecting organizations through direct health care providers.
The Department of Health and Human Services (HHS) stated in a Federal Register notice that the decision to withdraw was made to prioritize other matters as the Biden administration approaches its final days. The move leaves in place Trump-era regulations that allow broad exemptions for religious or moral objections, potentially excluding contraception from health plans for many.
Conservative groups, like the Becket Fund for Religious Liberty, praised the withdrawal. The Biden administration had estimated the proposed rules would have expanded contraceptive coverage to 130,000 additional people.
Contraception access is increasingly critical following the 2022 rollback of federal abortion protections. The ACA mandates free contraception and counseling as preventive care, benefiting millions over the past decade by reducing unintended pregnancies. However, since 2018, employers and institutions objecting to contraception have been able to exclude coverage, requiring individuals to rely on opt-in accommodations that many fail to provide.
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