District Court Judge Stops HHS Regulations Regarding Contraception Mandate
When Congressional drafters wrote the Affordable Care Act 10 years ago, they included a provision requiring group health plans to provide preventive care without cost sharing. Much of that coverage requirement was set forth in the Act itself with some specificity. It included immunizations, screenings, and other “evidence-based items or services” recommended by the United States Preventive Services Tax Force. The Act also provided for special rules for preventive care “with respect to women;” however, those rules were not specified in the Act and were to be determined by a government agency. After the law safely passed, the Health Resources and Services Administration, acting on the findings of the Institute of Medicine, decided that preventive care with respect to women must include coverage for contraceptive services without cost sharing. In the decade since that provision became law, plan sponsors have been dealing with nearly constant administrative and judicial pinball regarding this contentious topic.
The most recent pronouncement comes from the U.S. District Court for the Eastern District of Pennsylvania, where Judge Wendy Beetlestone ruled on Monday that final regulations issued last year by the U.S. Department of Health and Human Services (“HHS”) are invalid. Those regulations allowed a special exemption to the contraception services requirement for plan sponsors that held a religious or moral objection to those services. A number of State Attorneys General sued to block those regulations from becoming effective. The court found that the States would be harmed if the regulations were enforced, with “numerous citizens losing contraceptive coverage, resulting in 'significant, direct and proprietary harm' to the states in the form of increased use of state-funded contraceptive services, as well as increased costs associated with unintended pregnancies.” As a result, the court has issued a nationwide injunction preventing the final rules from taking effect. The court’s ruling expanded on a similar decision from the U.S. District Court for the Northern District of California, which earlier this week issued a more limited injunction with respect to select states that had sued HHS.
Plan sponsors should expect these decisions to be appealed, likely all the way to the Supreme Court. Plan sponsors also need to contend with a ruling from the U.S. District Court for the Northern District of Texas from a few weeks ago, which found the entire Affordable Care Act—including, of course, the contraception mandate—to be unconstitutional. A full decade after the Affordable Care Act became law, there remains much uncertainty as to how that law will be enforced.
Featured Insights

Webinar
Aug 5, 2026
April Toy Moderates HNBA Webinar on AI in the Practice of Law

Privacy, Cyber & AI Decoded Alert
Aug 5, 2026
2026 AI Compliance: Upcoming Laws Every Organization Needs to Know

Press Release
July 21, 2026 | Updated on August 4, 2026
Three Hinshaw Attorneys Named to the 2026 National Black Lawyers’ Top 40 Under 40 List

Healthcare Alert
Aug 3, 2026
Fixing the Emergency Refill Trap: What California’s AB 1587 Means for Pharmacies

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jul 30, 2026
Should Text Messages be Considered “Calls” Under the TCPA? The Seventh Circuit Says No

Healthcare Alert
Jul 30, 2026
California Courts Sharply Curtail the MICRA Damages Cap in Nursing Home Litigation

Insights for Insurers Alert
Jul 30, 2026
Analyzing a Couple of Cases Involving Exclusions in D&O Policies

In The News
Jul 29, 2026
Hinshaw Authors Contribute Two Articles in Latest Edition of the CCFL Quarterly Report

Webinar
Jul 28, 2026
Cathy Mulrow-Peattie and Sabrina Janeiro Present on Legal AI Technology

In The News
Jul 27, 2026
Scott Seaman Discusses How the Insurance Industry Contributed to the 2026 FIFA World Cup

Privacy, Cyber & AI Decoded Alert
Jul 27, 2026
Compliance Guidance for the New Vermont Data Privacy and Online Surveillance Act (VDPOSA)

