Paige Winfield Cunnigham published an interesting report in Politico about limits on women receiving free contraceptives under the Affordable Care Act.
Set aside for a moment the politics of which organizations are exempted from the mandate and possible constitutional problems with the ACA. Cunningham reports that the administrative language of the mandate allows insurers to partially limit what specific contraceptives a woman can receive without a copay:
Now supporters find that the insurers that do provide contraceptives are going to be stingy with them in the say way that they are stingy with all other types of prescription drugs. With the ACA, one more complication is the new normal.
Links:
Article in Politico (July 23, 2013): Obamacare's confusing birth control rules
National Women's Law Center FAQ page on the contraceptive mandate (May 22, 2013): Contraceptive Coverage in the Health Care Law: Frequently Asked Questions
Employee Benefits Security Administration FAQs (February 20, 2013)(see in particular questions 14-17): FAQs About Affordable Care Act Implementation XII
National Women's Law Center FAQ page clarifying HHS rules (February 22, 2013): Women's Access to Preventative Services Affirmed by HHS
Set aside for a moment the politics of which organizations are exempted from the mandate and possible constitutional problems with the ACA. Cunningham reports that the administrative language of the mandate allows insurers to partially limit what specific contraceptives a woman can receive without a copay:
[A] woman with employer-sponsored coverage generally doesn’t have free access to every kind of FDA-approved contraception, with some exceptions if her doctor gives a specific prescription for health reasons. And backers of the requirement are concerned that insurers are imposing limits on coverage that go beyond what HHS intended.
The most in-depth guidance to date — released by the administration earlier this year — doesn’t detail exactly which birth control the health plans must cover without a co-pay.
The Obama administration really can't win politically when it comes to the contraceptive mandate, in the same way that it can't win when it comes to the ACA in general. Supporters of the mandate are disheartened by all of the exempted organizations, which undercuts the individual and social benefits of providing free, effective contraception to women. Opponents, on the other hand, will never be satisfied with anything short of repeal of the whole program.Instead, the rule permits plans to exercise “reasonable medical management.” That means the coverage requirement is satisfied if the plan offers options in each of five major contraceptive categories: barrier methods, hormonal methods, implanted devices, emergency contraception and permanent methods.
Now supporters find that the insurers that do provide contraceptives are going to be stingy with them in the say way that they are stingy with all other types of prescription drugs. With the ACA, one more complication is the new normal.
Links:
Article in Politico (July 23, 2013): Obamacare's confusing birth control rules
National Women's Law Center FAQ page on the contraceptive mandate (May 22, 2013): Contraceptive Coverage in the Health Care Law: Frequently Asked Questions
Employee Benefits Security Administration FAQs (February 20, 2013)(see in particular questions 14-17): FAQs About Affordable Care Act Implementation XII
National Women's Law Center FAQ page clarifying HHS rules (February 22, 2013): Women's Access to Preventative Services Affirmed by HHS
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