Proposed Rule2024-31239
Coverage of Certain Preventive Services Under the Affordable Care Act
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 30, 2024
Issuing agencies
Treasury DepartmentInternal Revenue ServiceLabor DepartmentEmployee Benefits Security AdministrationHealth and Human Services Department
Abstract
This document withdraws a notice of proposed rulemaking that appeared in the Federal Register on February 2, 2023, regarding coverage of certain preventive services under the Affordable Care Act.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 249 (Monday, December 30, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Proposed Rules]
[Page 106393]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31239]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 54
[REG-124930-21]
RIN 1545-BQ35
DEPARTMENT OF LABOR
Employee Benefits Security Administration
29 CFR Part 2590
RIN 1210-AC13
DEPARTMENT OF HEALTH AND HUMAN SERVICES
45 CFR Parts 147 and 156
[CMS-9903-WN]
RIN 0938-AU94
Coverage of Certain Preventive Services Under the Affordable Care
Act
AGENCY: Internal Revenue Service, Department of the Treasury; Employee
Benefits Security Administration, Department of Labor; Centers for
Medicare & Medicaid Services, Department of Health and Human Services.
ACTION: Withdrawal of notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This document withdraws a notice of proposed rulemaking that
appeared in the Federal Register on February 2, 2023, regarding
coverage of certain preventive services under the Affordable Care Act.
DATES: As of December 23, 2024, the notice of proposed rulemaking that
appeared in the Federal Register on February 2, 2023, at 88 FR 7236, is
withdrawn.
FOR FURTHER INFORMATION CONTACT: Alex Krupnick, Internal Revenue
Service, Department of the Treasury, at (202) 317-5500; Beth Baum or
Matthew Meidell, Employee Benefits Security Administration, Department
of Labor, at (202) 693-8335; David Mlawsky, Centers for Medicare &
Medicaid Services, Department of Health and Human Services, at (410)
786-6851.
SUPPLEMENTARY INFORMATION: Section 2713 of the Public Health Service
Act (PHS Act), as added by the Affordable Care Act and incorporated
into the Employee Retirement Income Security Act and the Internal
Revenue Code, requires non-grandfathered group health plans and health
insurance issuers offering non-grandfathered group or individual health
insurance coverage to provide coverage of certain recommended
preventive services without imposing any cost-sharing requirements.
These preventive services include, with respect to women, under
comprehensive guidelines supported by the Health Resources and Services
Administration, certain contraceptive services. Current regulations
include exemptions and optional accommodations for entities and
individuals with religious objections or non-religious moral objections
to coverage of contraceptive services.
On February 2, 2023, the Departments of the Treasury, Labor, and
Health and Human Services (HHS) (collectively, the Departments)
proposed rules (88 FR 7236) that sought to resolve long-running
litigation with regard to religious objections to providing
contraceptive coverage, by respecting the objecting entities' religious
objections while also ensuring that women enrolled in plans or coverage
sponsored, arranged, or offered by objecting entities could
independently obtain contraceptive services at no cost. The proposed
rules would have rescinded the regulation providing for an exemption
based on non-religious moral objections. The proposed rules would also
have established a new individual contraceptive arrangement that
individuals in plans or coverage subject to a religious exemption could
use to obtain contraceptive services at no cost directly from a
provider or facility that furnishes contraceptive services, without any
involvement on the part of an objecting entity.
The Departments requested comments on all aspects of the proposed
rules, as well as on a number of specific issues. The Departments
received 44,825 comments in response to the proposed rules from a range
of interested parties, including employers, health insurance issuers,
State Exchanges, State regulators, unions, and individuals. The
Departments received comments on specific proposals in the proposed
rules, as well as general comments on the proposals. The Departments
also received comments that were not related to the proposals in the
proposed rules.
The Departments have determined it appropriate to withdraw the
proposed rules at this time to focus their time and resources on
matters other than finalizing these rules. Additionally, in light of
the volume and breadth of scope of the comments received, the
Departments want to further consider the proposals made in the proposed
rules. Moreover, should the Departments decide in the future that it is
a priority to move forward with a rulemaking in this area, the
Departments want to ensure that they will have the benefit of the most
up-to-date facts and information on these important issues as the
Departments consider how to best implement the contraceptive coverage
requirements of PHS Act section 2713, while respecting religious
objections to contraception. For these independently sufficient
reasons, the Departments are withdrawing the proposed rules, and may
propose new rules in the future, as appropriate to meet these goals.
This withdrawal does not limit the Departments' ability to make new
regulatory proposals in the areas addressed by the withdrawn proposed
rules, including new proposals that may be substantially identical or
similar to those described therein. In addition, this withdrawal does
not affect the Departments' ongoing application of existing statutory
and regulatory requirements or its responsibility to faithfully
administer the statutory requirements the proposed rules would have
implemented if finalized.
Douglas W. O'Donnell,
Deputy Commissioner, Internal Revenue Service.
Lisa M. Gomez,
Assistant Secretary, Employee Benefits Security Administration,
Department of Labor.
Xavier Becerra,
Secretary, Department of Health and Human Services.
[FR Doc. 2024-31239 Filed 12-23-24; 4:15 pm]
BILLING CODE 4830-01-P; 4510-29-P; 4120-01-P
</pre></body>
</html>Indexed from Federal Register on December 30, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.