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ARTICLE · 19 OCTOBER 2017

Is The New Moral Exemption From ACA Contraceptive Coverage A Game Changer?

Ogletree, Deakins, Nash, Smoak & Stewart
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By removing the religious element, the agencies have broadened the potential pool of employers that could be exempt from the ACA's rules.

United StatesEmployment and HR

Any privately held, for-profit company could potentially be exempt from the Affordable Care Act's (ACA) requirement to provide comprehensive contraceptive coverage without cost-sharing based on the company's "sincerely held moral convictions," under interim final regulations published in the Federal Register on October 13, 2017.

Issued jointly by the U.S. Department of Labor (DOL), U.S. Department of Health and Human Services (HHS), and the Internal Revenue Services (IRS), the regulations build on a 2014 case in which the Supreme Court of the United States found that a closely held company was exempt from the contraceptive coverage requirement based on its owners' sincerely held religious beliefs. (The agencies also issued a parallel set of interim final regulations covering specifically religious objections.) This separate and new "moral exemption" would also be available to nonprofits, certain colleges and universities with respect to their student plans, and

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