White House scrambles to preserve right to covered contraceptives

Now that Roe v. Wade has been undone, Justice Clarence Thomas wants to revisit outlawing contraception altogether.

This one-two punch to the gut of personal choice set off screeching alarm bells in the White House. One of President Biden’s first post-Roe actions was to convene a meeting between insurers and two of his cabinet members to underscore the need to preserve insurance coverage for contraceptives.

The cabinet members–Health and Human Services Secretary Xavier Becerra and Labor Secretary Marty Walsh–met with 14 representatives of insurers and payers. Their message: Stand firm behind payments for contraceptive methods. Such payments are guaranteed under the Accountable Care Act promulgated by the Obama Administration.

Biden’s concern was that the insurers might balk at adhering to the guaranteed contraception payments in lieu of the Roe V. Wade retraction. Thomas’s direct attack on legal contraceptives lent further urgency to his effort to get insurers to commit to the coverage.

In a letter to plan sponsors and insurers prior to the session, signed by Becerra, Walsh, and Treasury’s Janet Yellen, the White House noted that some insurers were presently failing to provide free contraceptives as specified by the ACA. If such behavior continues, it said, enforcement of the ACA’s stipulations regarding contraceptives would follow.

“Regrettably, there have been troubling and persistent reports of noncompliance with these requirements. For this reason, we are calling on your organizations to remove impermissible barriers and ensure individuals in your plans have access to the contraceptive coverage they need, as required under the law,” the letter said. “It is more important than ever to ensure access to contraceptive coverage without cost sharing, as afforded by the ACA. … We continue to be concerned about these complaints and may take enforcement or other corrective actions as appropriate.”

The letter outlined various ways sponsors and insurers could facilitate contraceptive coverage, but added: “Plans and issuers must meet their obligations to ensure access to contraception.”

The 14 industry officials who met with Becerra and Walsh represented the top tier insurers and other major players in the business. The Cabinet members reiterated that no further shirking of coverage for contraceptives would be tolerated. But with states already in an uproar over the abortion ruling, and with Thomas taking aim at contraceptives, insurers once again find themselves between a rock and a hard place in a nation divided and at war over reproductive rights.