The exemptions, which the department of Health and Human Services announced Wednesday, are less sweeping than an original set of rules laid out a year ago that would have allowed virtually any employer to opt out of the contraceptive mandate by claiming a religious or moral objection. Those rules were blocked from going into effect by two federal judges.
Under the new set of rules, which take effect immediately, most publicly traded companies and government entities wouldn’t be exempt and will have to continue providing coverage for all available forms of contraception without any out-of-pocket costs.
A group of Democratic state attorneys general filed suit last year against the administration’s original set of exemptions, and are likely to pursue legal action to attempt to prevent the new exemptions from taking effect.
The Obama-era rules, which first took effect in 2011, prompted costly litigation by some Catholic employers who object on religious grounds to most forms of birth control, as well as other religious employers with specific objections to emergency contraception. They argued the mandate made them complicit in what they consider a sin.
In a statement, federal health officials said the final set of exemptions fulfill a directive from President Trump to root out government rules that infringe on religious freedom.
Women’s health advocates, meanwhile, called Wednesday’s move a major step backward in respecting women’s health needs.
“By taking away access to no-cost birth control coverage, these rules try to give a license to virtually any employer, university, or health insurance provider to discriminate,” said by Fatima Goss Graves, president of the National Women’s Law Center.
The timing of the announcement, one day after the midterm elections, is expected to buoy antiabortion activists who see the Democrats taking control of the House of Representatives as a blow to their cause.
“All pro-life gains made by this administration will come under fire, and we will no doubt see efforts to expand taxpayer funding for abortion as well as the erosion of conscience rights,” said Jeanne Mancini, president of the March for Life.
Under a separate set of rules proposed on Wednesday, insurers would also have to send consumers who purchase ACA plans a separate bill, in addition to their regular premium, for the portion attributed to abortion services. The ACA already requires insurers to adopt accounting practices that keep the premium amount attributed to abortion coverage in a separate account.
The administration would also require states that run their own health insurance exchanges to verify enrollees’ eligibility for subsidies twice a year.