Fact Sheet: Final Rules on Religious and Moral Exemptions and Accommodation for Coverage of Certain Preventive Services Under the Affordable Care Act

General Notice

As a result of court decisions, the final rules (83 FR 57536 (Nov. 15, 2018); 83 FR57592 (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.

• See the archived version of the Fact Sheet: Final Rules on Religious and Moral Exemptions and Accommodation for Coverage of Certain Preventive Services Under the Affordable Care Act in the HHS Archive.
• See the Religious Exemptions and Accommodations for Coverage of Certain Preventive Services Under the Affordable Care Act in the Federal Register (11/15/2018).