NHelp Supports Contraceptive Coverage Under ACA

The National Health Law Program (NHeLP) issued the following statement strongly supporting the clarifying guidance released in a frequently asked questions (FAQ) document by the Departments of Health and Human Services, Labor and the Treasury, regarding consumers' rights to coverage of preventive services under the Affordable Care Act (ACA).

"Today's guidance will bring needed clarity and help to ensure that individuals are actually able to access the contraceptive method of their choice and related care without cost-sharing, as required by law," said Elizabeth G. Taylor, NHeLP executive director.

The FAQ makes clear that non-grandfathered plans and insurers must cover, without cost sharing, at least one form of contraception within each of the 18 method categories of contraception that the FDA has identified for women, as well as all clinical services needed for provision of those methods. The FAQ also contains important clarifications to ensure that individuals have timely access to particular contraceptive products within each of the method categories as medically appropriate.

Additionally, the FAQ addresses barriers to coverage for transgender individuals, and clarifies that plans or issuers may not limit sex-specific recommended preventive services based on an individual's sex assigned at birth, gender identity, or recorded gender.

"We are grateful to the Administration for acknowledging and taking action to stop harmful and illegal insurance practices that go against standards of care and inappropriately limit contraceptive choices," said Susan Berke Fogel, NHeLP director of reproductive health. "Quality family planning care is patient-centered and requires that individuals be given meaningful, affordable access to the full range of contraceptive options. We are especially pleased to see the Administration take steps to end discrimination against transgender individuals."

The ACA was a major step forward in helping people get the health care services they need to stay healthy. Tens of millions of women are eligible to receive coverage of various preventive services, including all FDA-approved contraception and related services, without having to pay a co-pay or deductible.

Recent reports, however, have found numerous examples of health plans that fail to cover all FDA-approved methods of contraception as required, or place unreasonable restrictions on access for transgender individuals. Today's guidance will go a long way to address these barriers and make the promise of the ACA a reality for many more individuals.

The National Health Law Program released the following statement in support of the reintroduction of the Health Equity and Access under the Law (HEAL) for Immigrant Women and Families Act. The bill, introduced by Rep. Lujan Grisham, would undo harmful restrictions and restore access to health care for lawfully present immigrants who are otherwise eligible.

"Everyone deserves access to health care, no matter your immigration status," said Elizabeth G. Taylor, NHeLP executive director. "This is good legislation that removes barriers that currently prevent immigrant women and families from accessing the health care they need."

Current federal law bars the majority of lawfully present immigrants from Medicaid and the Children's Health Insurance Program (CHIP) for five years or more, forcing individuals to delay life-saving care. The bill would remove this legal roadblock. It would also allow lawfully present young people known as "DREAMers," who received Deferred Action for Childhood Arrivals (DACA) status, and all those granted deferred action, to qualify without exception for affordable coverage in the marketplaces, Medicaid and CHIP. These advances are particularly important for immigrant women, who are disproportionately of reproductive age, low-income and lack health insurance.

NHeLP strongly supports access to affordable, quality health care for all and has worked to improve access and dismantle legal barriers to care for decades. Immigrant women and families experience a number of health disparities, many caused by insufficient access to affordable health care and insurance.

Immigrants pay taxes and contribute to our communities and our economy. Federal policies should not bar them from participating in the health programs they help to support. It is in the nation's interest to have everyone insured with equal access to quality care.