This move is welcomed by conservative groups. It leaves in place the Trump rule that allows more employers to choose not to provide coverage.

The Biden Administration has withdrawn a set of proposed regulations which aimed to increase access to contraception through limiting the ability of employers not to cover birth control for employees.

In a Federal Register notice published Monday, the Department of Health and Human Services announced that it would be rescinding regulations which prohibited employers from claiming a contraception mandate exemption on the basis of “non-religious” moral objections.

HHS stated that the administration took the action in order to “focus on other matters than finalizing these regulations” as the Biden administration was winding down.

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Conservative groups celebrated the news. The Becket Fund for Religious Liberty (which represents an order nuns who have repeatedly challenged in court the Affordable Care Act birth control mandate) wrote on X: “Christmas has come a little earlier this year.”

These rules also provided a way for employees of religious groups that do not provide birth control coverage, to access the service for free. The proposal was to allow people who could not access contraception via their employer to obtain it — free of charge — from a healthcare provider.

The Biden administration estimated that by proposing the rule change last year, it would have enabled about 130,000 additional people to become eligible for coverage of contraceptives.

In January 2023, HHS Secretary Xavier Becerra stated that “access to and coverage for birth control are critical now more than ever,” adding that this rule “says we have your back to all women in the United States.”

HHS has not responded to a comment request about the withdrawal.

HHS has rescinded the rules but left in place the regulations that were created by the Trump Administration. These regulations significantly rolled back ACA’s contraception mandate, allowing any employer to object, whether they are religious, secular or large.

In 2022, the federal protections against abortion will be removed. This raises the stakes for affordable contraception.

Under the Affordable Care act, insurers must cover contraception services at no charge to patients. This includes birth control and contraceptive counselling. In the past decade, millions of people received free contraception. This has led to a reduction in unintended pregnancy.

Private health plans, insurance companies, and private colleges and Universities can exclude contraceptive coverage for employers who object.

The regulations did include a provision for contraceptive coverage. However, employers, colleges, and universities who objected to the regulation had to accept the accommodation.