On January 9, the Departments released Affordable Care Act (“ACA”) FAQ Part 36 addressing contraceptive services coverage required under Health Care Reform law. This guidance makes no change to the preventive service regulations challenged in the Zubik v. Burwell lawsuit.
Under Health Care Reform, non-grandfathered group health plans must provide specified preventive services without cost sharing to employees. The required preventive services include FDA-approved contraceptives, sterilization procedures, and patient education and counseling. Under the regulations, an accommodation exists for eligible employers who object to contraceptive service coverage on religious grounds. In Zubik v. Burwell, the Supreme Court considered claims from a group of employers that the accommodation for the contraceptive services requirement was overly burdensome and violated the Religious Freedom Restoration Act (“RFRA”). The Supreme Court vacated lower court decisions and urged the Departments to revisit the accommodations provided under the regulations. In FAQ Part 36, the Departments state that at this time they do not intend to make changes to the current religious accommodation.