Coverage of Preventive Services

As a result of court decisions, the final rules (83 FR 57536 (Nov. 15, 2018); 83 FR 57592 (Nov. 15, 2018)) and the interim final rules (82 FR 47792 (Oct. 13, 2017); 82 FR 47838 (Oct. 13, 2017)) regarding exemptions for certain plans and issuers from covering certain contraceptive items and services based on religious and moral objections are not in effect. See Pennsylvania v. Trump, 351 F. Supp. 3d 791 (E.D. Pa. 2019), aff’d 930 F. Supp. 3d 543 (3d Cir. 2019); see also California v. Azar, 351 F. Supp. 3d 1267 (N.D. Cal. 2019) (enjoining the final rules with respect to plaintiff states).

On July 29, 2019, in a case in the Northern District of Texas, DeOtte v. Azar, No. 4:18-CV-00825-O, 2019 WL 3786545 (N.D. Tex. July 29, 2019) the court determined that the “Contraceptive Mandate, codified at 42 U.S.C. § 300gg–13(a)(4), 45 C.F.R. § 147.130(a)(1)(iv), 29 C.F.R. § 2590.715–2713(a)(1)(iv), and 26 C.F.R. § 54.9815–2713(a)(1)(iv), violates the Religious Freedom Restoration Act” with respect to individuals and entities with religious objections to contraceptive coverage and thus enjoined enforcement of those provisions against such individuals and entities.

The Departments of Labor, Health and Human Services, and the Treasury are working with the Department of Justice in these on-going suits.

Frequently Asked Questions, Part 47 - July 19, 2023
Interim Final Rule - Rapid Coverage of Preventive Services for Coronavirus and Price Transparency for COVID-19 Diagnostic Tests
Final Rule - Religious Exemptions and Accommodations, published November 15, 2018
Final Rule - Moral Exemptions and Accommodations, published November 15, 2018
Interim Final Rule - Religious Exemptions and Accommodations, published October 13, 2017
Interim Final Rule - Moral Exemptions and Accommodations, published October 13, 2017
EBSA Form 700 – Due to the injunctions of the final rules, the 2017 version of the Form is not current. Please use the 2014 EBSA Form 700. An employer covered by the ruling in DeOtte (discussed above) is not required to execute EBSA Form 700.
Model Notice to Secretary of HHS - Due to the injunctions of the final rules, the 2017 version of the Model Notice is not current. Please use the 2014 Model Notice. An employer covered by the ruling in DeOtte (discussed above) is not required to execute the model notice.
Guidance on Revocation of Accommodation for Certain Preventive Services - Please see information at top of page.
Request for Information - Coverage for Contraceptive Services, published July 22, 2016
- Frequently Asked Questions, Part 36 - January 9, 2017
Final Rules - Coverage of Certain Preventive Services Under the Affordable Care Act, published July 14, 2015
Recommended Preventive Services for all Adults, Women, and Children

Previous Guidance