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[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Proposed Rules]
[Page 106393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31239]

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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 54

[REG-124930-21]
RIN 1545-BQ35

DEPARTMENT OF LABOR

Employee Benefits Security Administration

29 CFR Part 2590

RIN 1210-AC13

DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Parts 147 and 156

[CMS-9903-WN]
RIN 0938-AU94

Coverage of Certain Preventive Services Under the Affordable Care 
Act

AGENCY: Internal Revenue Service, Department of the Treasury; Employee 
Benefits Security Administration, Department of Labor; Centers for 
Medicare & Medicaid Services, Department of Health and Human Services.

ACTION: Withdrawal of notice of proposed rulemaking.

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SUMMARY: This document withdraws a notice of proposed rulemaking that 
appeared in the Federal Register on February 2, 2023, regarding 
coverage of certain preventive services under the Affordable Care Act.

DATES: As of December 23, 2024, the notice of proposed rulemaking that 
appeared in the Federal Register on February 2, 2023, at 88 FR 7236, is 
withdrawn.

FOR FURTHER INFORMATION CONTACT: Alex Krupnick, Internal Revenue 
Service, Department of the Treasury, at (202) 317-5500; Beth Baum or 
Matthew Meidell, Employee Benefits Security Administration, Department 
of Labor, at (202) 693-8335; David Mlawsky, Centers for Medicare & 
Medicaid Services, Department of Health and Human Services, at (410) 
786-6851.

SUPPLEMENTARY INFORMATION: Section 2713 of the Public Health Service 
Act (PHS Act), as added by the Affordable Care Act and incorporated 
into the Employee Retirement Income Security Act and the Internal 
Revenue Code, requires non-grandfathered group health plans and health 
insurance issuers offering non-grandfathered group or individual health 
insurance coverage to provide coverage of certain recommended 
preventive services without imposing any cost-sharing requirements. 
These preventive services include, with respect to women, under 
comprehensive guidelines supported by the Health Resources and Services 
Administration, certain contraceptive services. Current regulations 
include exemptions and optional accommodations for entities and 
individuals with religious objections or non-religious moral objections 
to coverage of contraceptive services.
    On February 2, 2023, the Departments of the Treasury, Labor, and 
Health and Human Services (HHS) (collectively, the Departments) 
proposed rules (88 FR 7236) that sought to resolve long-running 
litigation with regard to religious objections to providing 
contraceptive coverage, by respecting the objecting entities' religious 
objections while also ensuring that women enrolled in plans or coverage 
sponsored, arranged, or offered by objecting entities could 
independently obtain contraceptive services at no cost. The proposed 
rules would have rescinded the regulation providing for an exemption 
based on non-religious moral objections. The proposed rules would also 
have established a new individual contraceptive arrangement that 
individuals in plans or coverage subject to a religious exemption could 
use to obtain contraceptive services at no cost directly from a 
provider or facility that furnishes contraceptive services, without any 
involvement on the part of an objecting entity.
    The Departments requested comments on all aspects of the proposed 
rules, as well as on a number of specific issues. The Departments 
received 44,825 comments in response to the proposed rules from a range 
of interested parties, including employers, health insurance issuers, 
State Exchanges, State regulators, unions, and individuals. The 
Departments received comments on specific proposals in the proposed 
rules, as well as general comments on the proposals. The Departments 
also received comments that were not related to the proposals in the 
proposed rules.
    The Departments have determined it appropriate to withdraw the 
proposed rules at this time to focus their time and resources on 
matters other than finalizing these rules. Additionally, in light of 
the volume and breadth of scope of the comments received, the 
Departments want to further consider the proposals made in the proposed 
rules. Moreover, should the Departments decide in the future that it is 
a priority to move forward with a rulemaking in this area, the 
Departments want to ensure that they will have the benefit of the most 
up-to-date facts and information on these important issues as the 
Departments consider how to best implement the contraceptive coverage 
requirements of PHS Act section 2713, while respecting religious 
objections to contraception. For these independently sufficient 
reasons, the Departments are withdrawing the proposed rules, and may 
propose new rules in the future, as appropriate to meet these goals.
    This withdrawal does not limit the Departments' ability to make new 
regulatory proposals in the areas addressed by the withdrawn proposed 
rules, including new proposals that may be substantially identical or 
similar to those described therein. In addition, this withdrawal does 
not affect the Departments' ongoing application of existing statutory 
and regulatory requirements or its responsibility to faithfully 
administer the statutory requirements the proposed rules would have 
implemented if finalized.

Douglas W. O'Donnell,
Deputy Commissioner, Internal Revenue Service.
Lisa M. Gomez,
Assistant Secretary, Employee Benefits Security Administration, 
Department of Labor.
Xavier Becerra,
Secretary, Department of Health and Human Services.
[FR Doc. 2024-31239 Filed 12-23-24; 4:15 pm]
BILLING CODE 4830-01-P; 4510-29-P; 4120-01-P
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