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Louis Jacobson
By Louis Jacobson January 6, 2022

Administration signals new proposed rule on contraception in 2022

During the 2020 presidential campaign, Joe Biden promised to overturn restrictions on contraception enacted in 2018 under then-President Donald Trump.

The Trump-era rule change made it easier for employers to deny coverage of certain types of contraception in their employees' health insurance plans. Previously, the law allowed houses of worship to choose not to cover such services in their insurance plans. The Trump-era rule expanded this option to deny coverage to any entity exercising a religious or moral exemption, rather than just houses of worship.

The Biden administration hasn't overturned this rule yet, but it has gone on record saying that it will initiate that process in 2022.

Three departments — Health and Human Services, Labor, and the Treasury — released a joint memo about this provision on Aug. 16, 2021.

The departments "intend to initiate rulemaking within six months," the memo said.

A listing by the Office of Management and Budget pegs February 2022 as the estimated date when the rulemaking process will begin. 

Because official reconsideration of the Trump-era rule is on the calendar for early 2022, we rate this promise In the Works.

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