ACA: Supreme Court Contraceptive Coverage Ruling

Compliance, Employee Benefits

On July 8, 2020, the United States Supreme Court rejected a challenge to rules issued in 2017 by the Departments of Treasury, Labor (DOL) and Health and Human Services (HHS), which expanded exemptions from the contraceptive coverage mandate of the Affordable Care Act (ACA). The expanded exemptions allowed private employers with religious or moral objections to opt-out of providing the required coverage.

In its ruling, the Court held that the government had the statutory authority to promulgate the 2017 exemptions to the contraceptive coverage requirements and that the rules are not procedurally defective. Therefore, the exemptions under the 2017 rules are valid and certain entities may claim an exemption from the coverage requirements based on religious or moral objections.

Details regarding the 2017 expanded exemptions, including a list of employer types that may claim the exemption, can be found by clicking here.

Key Takeaways

Employers who have religious or moral objections to the Affordable Care Act contraceptive coverage requirement can review these rules to determine whether they can claim the exemption. If an employer wants to claim an exemption and eliminate contraceptive coverage, we encourage you to work with your legal counsel to make sure you meet all legal requirements.


The information above is a summary of laws and regulations regarding provisions relating to employee benefit plan compliance. The information should not be construed as legal or tax advice. In all cases, employers should be advised to consult with tier accountant or legal counsel for assistance.

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