The Biden administration backs away from proposed birth control coverage changes, maintaining Trump-era employer exemptions.
At a Glance
- Biden administration withdraws proposed regulations limiting employer exemptions for birth control coverage.
- Decision maintains Trump-era policies allowing broad exemptions to ACA’s contraception mandate.
- Conservative groups welcome the move, seeing it as a victory for religious liberty.
- Withdrawal leaves an estimated 130,000 people without expanded contraceptive coverage.
Biden Administration Reverses Course on Birth Control Coverage
The Biden administration has decided to withdraw proposed regulations that would have restricted employers’ ability to opt out of covering birth control in their health insurance plans. This decision effectively maintains the Trump-era policies that allow a wide range of employers to seek exemptions from the Affordable Care Act’s (ACA) contraception mandate. The Department of Health and Human Services (HHS) announced the rescission of these regulations, which would have prohibited exemptions based on “non-religious moral objections” to the ACA’s contraception mandate.
The withdrawal of these proposed rules comes as the administration shifts its focus to other priorities in its final days. Conservative groups, including the Becket Fund for Religious Liberty, have welcomed this decision, viewing it as a reinforcement of religious freedom protections.
Biden admin withdraws plan to expand birth control access, keeping exemptions for religious & moral objections. 🚫💊 #BidenAdmin #BirthControlRules @WhiteHouse @HHSGov Details: https://t.co/mWZYyvsoB8
— David Carlisle (@dqc1985) December 24, 2024
Impact on Contraceptive Access
The Biden administration had initially estimated that the proposed rule changes would have made approximately 130,000 more people eligible for contraceptive coverage. The ACA requires insurers to cover preventive health services, including contraception, at no cost to the insured. This requirement has been credited with reducing unintended pregnancies since its implementation.
“Now more than ever, access to and coverage of birth control is critical.” – HHS Secretary Xavier Becerra
However, since 2018, private health plans have been allowed to exclude contraceptive coverage for objecting employers, affecting access to free contraceptives for many individuals. The elimination of federal abortion protections in 2022 has further increased the importance of affordable contraception access, making this decision particularly significant.
Conservative Reaction and Religious Liberty Concerns
Conservative groups have celebrated the administration’s decision to withdraw the proposed regulations. The Becket Fund for Religious Liberty, which has been advocating for the Little Sisters of the Poor, a Catholic religious order that has been at the forefront of legal challenges to the contraception mandate, expressed satisfaction with the outcome.
This decision strengthens the legal position of organizations opposing mandates they perceive as infringing on religious liberties. It also contributes to the ongoing legal discourse on the sensitive intersection of health care and religious freedom in the United States.
Implications for Future Policy
The withdrawal of these proposed regulations leaves in place the Trump-era rules that allow broad exemptions for employers to opt out of contraceptive coverage. This includes an opt-in mechanism for contraceptive coverage, requiring objecting entities to participate in the accommodation process. The decision highlights the ongoing debate surrounding the balance between ensuring access to reproductive health services and protecting religious and moral objections in healthcare policy.
As the Biden administration concludes its term, this move signals a shift in priorities and potentially sets the stage for future debates on the intersection of healthcare access, religious liberty, and employer rights in the provision of health insurance benefits.
Sources:
- Biden administration withdraws birth control rules
- Biden administration scraps rules to expand birth control access
- Biden HHS Scraps Proposed Rule Forcing Employers to Cover Birth Control
