HHS, DOL And Treasury Say Limiting Birth Control Coverage Violates Federal Law

On July 28, U.S. Department of Health and Human Services (HHS), alongside the Department of Labor (DOL) and the Department of Treasury, warned that limiting coverage of contraceptives following the U.S. Supreme Court ruling in Dobbs violates the Affordable Care Act (ACA).

In an opinion concurring with the Supreme Court's Dobbs decision, Justice Clarence Thomas wrote that the courts reasoning in overturning Roe v. Wade could also apply to birth control, which led to concern over states potentially limiting access to contraceptives. The HHS and the DOL note increased the number of complaints from women who have been denied coverage for different forms of birth control since the Supreme Court's ruling.