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Biden admin moves to undo moral opt-out to ACA contraceptive mandate

January 30, 2023

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Monday’s proposal is the latest of President Joe Biden’s efforts to expand access to reproductive healthcare, a particular focus for the White House in the aftermath of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. Last August, months after the Dobbs ruling, the president issued an executive order directing the U.S. Department of Health and Human Services to address reproductive health services such as contraception.

Under Biden, federal agencies have previously issued guidance requiring that nonexempt employers provide access to female-controlled, FDA-approved contraceptive methods. A joint 2022 Q&A document published by HHS and the U.S. Departments of Labor and the Treasury clarified the requirements in part as a response “to reports that individuals continue to experience difficulty accessing contraceptive coverage without cost sharing.”

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