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[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Proposed Rules]
[Pages 3728-3729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00774]

[[Page 3728]]

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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 54

[REG-110878-24]
RIN 1545-BR35

DEPARTMENT OF LABOR

Employee Benefits Security Administration

29 CFR Part 2590

RIN 1210-AC25

DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 147

[CMS-9887-WN]
RIN 0938-AV57

Enhancing Coverage of 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 October 28, 2024, regarding 
coverage of certain preventive services under the Affordable Care Act.

DATES: As of January 15, 2025, the notice of proposed rulemaking that 
appeared in the Federal Register on October 28, 2024, at 89 FR 85750 is 
withdrawn.

ADDRESSES: Comments received on the proposed rule can be viewed at 
https://www.regulations.gov/docket/HHS_FRDOC_0001/document.

FOR FURTHER INFORMATION CONTACT: Regan Rusher, Internal Revenue 
Service, Department of the Treasury, at (202) 317-5500. Matthew 
Meidell, Employee Benefits Security Administration, Department of 
Labor, at (202) 693-8335. Rebecca Miller, Employee Benefits Security 
Administration, Department of Labor, at (202) 693-8335. Geraldine 
Doetzer, Centers for Medicare & Medicaid Services, Department of Health 
and Human Services at (667) 290-8855.

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. 
Section 2715A of the PHS Act provides that non-grandfathered group 
health plans and health insurance issuers offering non-grandfathered 
group or individual health insurance coverage must comply with section 
1311(e)(3) of the Affordable Care Act, which addresses transparency in 
health coverage and imposes certain reporting and disclosure 
requirements for health plans that are seeking certification as 
qualified health plans to be offered on an American Health Benefits 
Exchange (generally referred to as an Exchange).
    On October 28, 2024, the Departments of the Treasury, Labor, and 
Health and Human Services (collectively, the Departments) issued 
proposed rules under PHS Act sections 2713 and 2715A titled, 
``Enhancing Coverage of Preventive Services Under the Affordable Care 
Act.'' \1\ The proposed rules sought to address ongoing complaints and 
reports of noncompliance with section 2713 of the PHS Act and its 
implementing regulations. These complaints and reports indicate that 
participants, beneficiaries, and enrollees face barriers when 
attempting to use their coverage to access recommended preventive 
services without cost sharing. As a result of these concerns, the 
Departments proposed to amend the regulations governing coverage of 
recommended preventive services to ensure that participants, 
beneficiaries, and enrollees would be able to access the full range of 
recommended preventive services to which they are entitled, with 
particular focus on strengthening coverage requirements with respect to 
recommended contraceptive items for women.
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    \1\ 89 FR 85750 (Oct. 28, 2024).
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    The proposed rules would have required plans and issuers that 
utilize reasonable medical management techniques with respect to any 
recommended preventive services to provide an easily accessible, 
transparent, and sufficiently expedient exceptions process that allows 
an individual to receive coverage without cost sharing for the 
preventive service according to the frequency, method, treatment, or 
setting that is medically necessary for them, as determined by the 
individual's attending provider. The proposed rules would also have 
required plans and issuers to cover certain recommended over-the-
counter contraceptive items without requiring a prescription and 
without imposing cost-sharing requirements. In addition, the proposed 
rules would have required plans and issuers to cover certain 
recommended contraceptive items that are drugs and drug-led combination 
products without imposing cost-sharing requirements, unless a 
therapeutic equivalent of the drug or drug-led combination product is 
covered without cost sharing. Finally, the proposed rules would have 
required plans and issuers to provide a disclosure pertaining to 
coverage and cost-sharing requirements for recommended over-the-counter 
contraceptive items in plans' and issuers' Transparency in Coverage 
internet-based self-service tools or, if requested by the individual, 
on paper.
    The Departments requested comments on all aspects of the proposed 
rules, as well as on a number of specific issues. The comment period on 
the proposed rules closed on December 27, 2024, and the Departments 
received 268 comments to review. The comments addressed a range of 
issues, including operational and cost issues related to the 
Departments' contraceptive coverage proposals.
    The Departments have determined it is appropriate to withdraw the 
proposed rules at this time, focusing instead on other matters. For 
example, the Departments have identified Cost Sharing Under the 
Affordable Care Act (RIN 0938-AV59); Requirements Related to Advanced 
Explanation of Benefits and Other Provisions Under the Consolidated 
Appropriations Act, 2021 (RIN 0938-AU98); Independent Dispute 
Resolution Operations (RIN 0938-AV15); Requirements Related to Air 
Ambulance Services, Agent and Broker Disclosures, and Provider 
Enforcement (RIN 0938-AU61); and Provider Nondiscrimination 
Requirements for Group Health Plans and Health Insurance Issuers in the 
Group and Individual Markets (RIN 0938-AU64) in their respective Fall 
2024 Regulatory Agendas, as potential matters on which to focus. 
Moreover, should the Departments decide in the future that it is a 
priority to move forward with rulemaking regarding all or a subset of 
the preventive services coverage requirements of PHS Act section 2713, 
the Departments want to ensure that they will have the benefit of the 
most up-to-date facts and information on the basis of any specific 
proposals that they determine to put forward at such time.

[[Page 3729]]

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 action 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 action does not affect the Departments' ongoing application 
of existing statutory and regulatory requirements or their 
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. 2025-00774 Filed 1-13-25; 4:15 pm]
BILLING CODE 4830-01;-P; 4510-29-P; 4120-;01-P
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