Letter
Comments on Interim Final Rules for Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services Under the Patient Protection and Affordable Care Act
Comments on Interim Final Rules for Group Health Plans and Health Insurance Issuers Relating to Coverage of Preventive Services Under the Patient Protection and Affordable Care Act
Letter from USCCB General Counsel to the U.S. Department of Health and Human Services regarding the Patient Protection and Affordable Care Act (PPACA) Interim Final Rules Relating to Coverage of Preventive Services, September 17, 2010
The USCCB urges HHS not to mandate coverage of contraception and sterilization as "preventive services" under the Patient Protection and Affordable Care Act. The bishops argue these do not prevent disease but rather prevent pregnancy, which is a healthy condition. HHS should exclude contraception and sterilization from required preventive services.
Key points:
1. Definition of Preventive Services
- Preventive services should prevent serious illnesses or conditions (e.g., cancer screenings, immunizations).
- Contraception and sterilization do not fit this rationale; they prevent pregnancy, not disease.
- Mandating these would contradict PPACA’s prohibition on abortion coverage.
2. Claims About Reducing Abortion
- Evidence does not support that contraceptive mandates reduce abortion rates.
- Some contraceptives (e.g., ulipristal/Ella) act as abortifacients, conflicting with federal policy against abortion mandates.
3. Medical Risks
- Contraceptives pose significant health risks (e.g., stroke, heart attack, blood clots, cancer).
- Unlike other preventive services, they are prescribed for lifestyle reasons and carry serious side effects.
4. Rights of Conscience
- A mandate would violate religious and moral convictions of employers and insurers.
- Contradicts longstanding federal precedents protecting conscientious objection (e.g., Church Amendment, foreign aid programs, FEHBP provisions).