Compliance Overview: Contraceptive Coverage—Exemptions for Employers with Religious and Moral Objections

The Affordable Care Act (ACA) requires non-grandfathered group health plans and health insurance issuers to provide benefits for certain women’s preventive health services without imposing cost-sharing requirements. These preventive health services include contraceptive services and Food and Drug Administration (FDA)-approved, -cleared, or -granted contraceptive products that a women’s attending health care provider determines to be medically appropriate.

Churches and other houses of worship are not required to comply with the ACA’s requirement to cover contraceptives.

In addition, the Departments of Health and Human Services (HHS), Labor (DOL) and the Treasury (collectively, Departments) have exempted certain employers from the ACA’s requirement to cover contraceptives if they object to this coverage based on sincerely held religious beliefs or moral convictions. An optional accommodation process is available for employers who are eligible for an exemption.