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Proposed Rules Related to Coverage of Contraceptive Services Just Released

coverage of contraceptive servicesOn January 30, 2013, the Departments of Treasury, Labor, and Health and Human Services (collectively, the “Departments”) jointly released proposed rules related to the coverage of preventive services under the Patient Protection and Affordable Care Act (“PPACA”).  When initially enacted, PPACA required certain health plans to provide benefits for particular preventive health services, including coverage of contraceptives, without the imposition of cost sharing measures (i.e., individuals covered by the plan would not be required to pay anything for the services).  This coverage requirement became effective on the first day of the plan year that followed August 1, 2012.  For calendar year plans, the effective date was January 1, 2013.

Since PPACA was enacted, additional guidance has been issued to address this coverage requirement.  A 2010 amendment, among other things, exempted group health plans established or maintained by religious employers from complying with this coverage requirement.  Shortly thereafter, a safe harbor was initiated, which prevented the Departments from taking enforcement actions against any religious employer for failure to fulfill the coverage requirements.

The Departments have now issued new proposed rules to accomplish the following two goals:

  1. Amend the criteria for the religious employer exemption to insure that an otherwise exempt employer plan is not disqualified because the employer’s purposes extend beyond religious instruction or because the employer serves or hires people of different religious faiths.
  2. Establish accommodations for health coverage maintained by eligible organizations, or arranged by eligible organizations, that are religious institutions of higher education with religious objections to contraceptive coverage.

If you have questions about the coverage requirements, the exemption for religious employers or whether your organization is eligible to participate in the safe harbor, please contact Mindi Johnson at 616-726-2252 or by using the form below.

Categories: Employee Benefits, Health Care Reform, Insurance, Regulatory

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With a business-minded approach, and service-oriented delivery, Mindi helps clients navigate challenges and solve problems in the areas of employee benefits law and health care law. Mindi has spoken and written extensively on employee benefits, health care reform, and health care law topics, and is actively involved in a number of legal, professional and industry organizations focused on these issues.

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Best Lawyers® 2021

Congratulations to the attorneys of the Health Care practice group at Foster Swift Collins & Smith, PC for their inclusion in the Best Lawyers in America 2021 edition. Firm-wide, 44 lawyers were listed. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation and as lawyers are not required or allowed to pay a fee to be listed; inclusion in Best Lawyers is considered a singular honor. Health Care practice group members listed in Best Lawyers are as follows:

To see the full list of Foster Swift attorneys listed in Best Lawyers 2021, click here.