Biden Abandons Proposed Birth Control Exemption Regulations

Biden administration withdraws proposed birth control regulations, preserving Trump-era exemptions for employers.

At a Glance

Biden administration scraps proposed rules limiting employers’ ability to opt out of contraception coverage.
Decision maintains Trump-era regulations allowing broad exemptions for employers.
Conservative groups welcome the withdrawal as a victory for religious liberty.
Move impacts an estimated 130,000 people who would have gained contraceptive coverage.
Withdrawal comes amid ongoing debate over balancing health policy and religious freedom.

Biden Administration Preserves Trump-Era Birth Control Exemptions

In a surprising turn of events, the Biden administration has decided to withdraw proposed regulations that aimed to narrow employers’ ability to bypass birth control coverage under the Affordable Care Act (ACA). This decision effectively preserves the Trump-era rules that allow employers broad exemptions from providing contraceptive coverage based on religious or moral grounds.

The Department of Health and Human Services (HHS) announced the rescission of these regulations, which would have prohibited exemptions based on “non-religious moral objections” to the ACA’s contraception mandate. This move has been interpreted as a significant shift from the administration’s earlier stance on expanding access to birth control.

Biden admin withdraws plan to expand birth control access, keeping exemptions for religious & moral objections. 🚫💊 #BidenAdmin #BirthControlRules @WhiteHouse @HHSGov Details: https://t.co/mWZYyvsoB8

— David Carlisle (@dqc1985) December 24, 2024

Conservative Groups Celebrate Decision

Conservative organizations, particularly those advocating for religious liberty, have welcomed the withdrawal of the proposed regulations. The Becket Fund for Religious Liberty, which has represented groups like the Little Sisters of the Poor in legal battles against the contraception mandate, expressed satisfaction with the decision.

The decision is significant for conservative and religious groups who have long argued that the contraception mandate infringes on their religious freedom and moral convictions.

Impact on Contraceptive Access

The Biden administration had initially estimated that the proposed rule changes would have made approximately 130,000 more people eligible for contraceptive coverage. The withdrawal of these regulations means that this expansion of coverage will not occur as planned.

The ACA requires insurers to cover preventive health services, including contraception, at no cost to the insured. This provision has been credited with reducing unintended pregnancies. However, since 2018, private health plans have been allowed to exclude contraceptive coverage for objecting employers, affecting access to free contraceptives for many Americans.

Administration’s Shift in Focus

The decision to withdraw the regulations has been attributed to the administration’s desire to focus on other priorities in its final days. This shift comes despite earlier statements from HHS Secretary Xavier Becerra emphasizing the importance of access to birth control.

The withdrawal leaves in place the Trump-era regulations that allow for broad exemptions for employers to opt out of contraceptive coverage. This includes an opt-in mechanism for contraceptive coverage, requiring objecting entities to participate in the accommodation process.

Ongoing Debate Over Health Policy and Religious Liberty

The Biden administration’s decision highlights the ongoing tension between health policy mandates and religious liberty concerns. The preservation of the Trump-era exemptions reaffirms the complex balancing act between ensuring access to contraception and respecting the religious and moral convictions of employers.

As the debate continues, the withdrawal of these regulations is likely to have far-reaching implications for both supporters of expanded contraceptive access and those advocating for religious and moral exemptions in healthcare policy.