Women’s Health

Are there legal challenges to the contraceptive coverage regulation?

Yes.  This regulation has been challenged numerous times in cases that reached the Supreme Court and legal challenges continue to this day.  In November 2018, the Trump Administration issued new regulations that significantly broaden employers’ ability to be exempt from the ACA contraceptive coverage requirement that have been challenged by  17 states and DC, and as result have been blocked as the litigation proceeds.  Complicating the matter, in October 2018, four individuals and a for-profit employer filed a separate class action lawsuit in Texas that challenges the Obama Administration’s contraceptive coverage regulations (which is currently in place).  In this case, the Court has allowed individuals and employers with religious objections to the contraceptive coverage requirement to be exempt from this regulation while the case is proceeding.

While we have made every effort to provide accurate information in these FAQs, people should contact the health insurance Marketplace or Medicaid agency in their state for guidance on their specific circumstances.