Massachusetts Coalition Challenges ACA Contraceptive Coverage Regulations

Boston—Massachusetts Attorney General Andrea Joy Campbell has spearheaded a coalition of 22 state attorneys general, filing an amicus brief with the U.S. Court of Appeals for the Third Circuit. This brief challenges regulations introduced during the Trump Administration that amend the Affordable Care Act (ACA) requirements for no-cost contraceptive coverage provided by employer health care plans. These changes expand religious and moral exemptions, allowing employers to exclude this coverage.

The coalition, led by AG Campbell, supports the District Court's decision, deeming these regulations unlawful. Massachusetts has pursued a similar legal challenge, currently under review by the First Circuit Court of Appeals. The coalition argues that these regulations undermine contraceptive coverage for a significant number of women, potentially impacting their health and increasing financial burdens on states.

Data suggests that over 80% of women aged 18 to 49 have used contraception within the past year, with individual costs averaging $584 annually. The regulations could shift approximately $73.8 million in contraceptive costs onto individuals, presenting barriers to reliable health care access and compelling states to allocate additional funds for state-assisted contraceptive services.

The coalition notes that access to contraceptive services has deteriorated since the regulations' implementation. This is especially concerning given the evolving reproductive health policy landscape, including funding cuts for clinics and new abortion restrictions following the overturning of Roe v. Wade.

The brief emphasizes that the regulations may exacerbate existing disparities related to race, gender, and income. Marginalized populations, including people of color and those with low incomes, often reside in "contraceptive deserts," lacking comprehensive options. Approximately 19 million American women, including about 361,000 in Massachusetts, live in such areas, facing increased difficulties in obtaining birth control.

AG Campbell and the coalition have formally requested that the Third Circuit uphold the District Court’s decision, which invalidates the regulations, safeguarding contraceptive access for women nationwide. AG Campbell remains committed to advocating for reproductive health care access, addressing maternal health disparities, and combating misinformation impeding care.

Attorneys general from Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, and Washington have joined AG Campbell in the brief filing.