An Incomplete Contraceptive Coverage Compromise

Friday’s highly publicized announcement, President Obama may have helped contain the political firestorm over the new federal mandate that health plans cover contraceptives. But the embers are still hot. And legally speaking, nothing has changed. On Friday, the Department of Health and Human Services (HHS) issued a final rule that looks just like what it announced on January 20 – the very announcement that set off the recent firestorm.Americans could be forgiven for thinking the Obama administration had changed policy on Friday. The original HHS announcement, recall, had said religious nonprofit institutions would have an additional year to comply with the mandate…Speaking to CNN just after the president’s announcement, HHS Secretary Kathleen Sebelius stated, “We’re pleased to announce that the final rule, which will be published later this afternoon, will include this important balance.” She reiterated that “as of the end of today the rule will be finalized.” But the rule HHS finalized on Friday actually put in place nothing like what the president announced. On the contrary, the final rule enacts the very same terms that HHS had announced on January 20th. Churches are exempt from the mandate but the only concession religious nonprofits receive is the promised one-year “enforcement safe haven.”