August 9, 2011
On August 1, 2011, the Department of Health and Human Services (HHS) adopted guidelines that will require non-grandfathered health plans to provide women’s preventive services with no cost sharing for participants. The new guidelines will apply to group health plans for plan years beginning on or after August 1st, 2012.
Background
The Affordable Care Act (ACA) includes a provision that requires non-grandfathered health plans to provide a range of preventive services with no cost sharing to participants. This general ACA preventive care requirement was effective for plan years beginning after September 23, 2010. The law also required HHS to consider additional preventive services for women that were not included in the original guidelines as defined in the ACA. In response to this requirement, HHS directed the Institute of Medicine (IOM), an independent organization, to conduct a review and provide recommendations on specific preventive measures related to women’s health needs. The IOM issued a report on July 19, 2011, which HHS used in developing the new guidelines.
Preventive Services for Women
Under the new guidelines, additional women’s preventive services that will be covered without cost-sharing requirements include:
Exemption for Certain Religious Employers
An additional regulation was also released which gives “religious employers” the choice of buying or sponsoring group health insurance that does not cover contraception if that is inconsistent with their religious tenets. A “religious employer” is an organization that meets all of the following criteria:
More Information
A more detailed description of the “Guidelines for Women’s Preventive Services” can be found at: www.hrsa.gov/womensguidelines/
Interim final rule regarding the exceptions allowed for religious organizations can be found at: www.ofr.gov/OFRUpload/OFRData/2011-19684_PI.pdf
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