A recent Kaiser Family Foundation report found that birth control isn’t always free despite the ACA requirement that non-grandfathered health plans (religious employers remain exempt) cover all FDA-approved contraceptives without cost-sharing. The report found that health insurance plans in five states are interpreting the ACA’s contraceptive mandate differently using “reasonable medical management.” In February 2013, the DOL released a FAQ that some insurers interpreted as a green light to charge cost-sharing on some forms of birth control. In response to the Kaiser findings, HHS has indicated that more guidance will be issued soon. Employers should confirm how their insurer or administrator is covering contraceptives and be prepared to make changes if needed.
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