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For 2013, All Plans Must Cover Women’s Preventive Services

By Jessica Faith, © Faegre Baker Daniels  11/1/2012

With 2013 around the corner, one new requirement that will be in effect on January 1 for calendar-year nongrandfathered group health plans is the coverage of certain women’s preventive services without cost-sharing. The coverage requirement is effective for plan years beginning on or after Aug. 1, 2012, and does not apply to grandfathered group health plans.

The guidelines on women’s preventive services require plans to provide coverage for the following types of preventive services without co-payments or other cost-sharing:

Well-woman visitsAnnually, with additional visits as necessary.

Screening for gestational diabetesBetween weeks 24-28 of gestation, and at the first prenatal visit for high-risk women.

Testing for HPVEvery three years beginning at age 30.

Counseling for sexually transmitted infectionsAnnually.

Counseling and screening for HIVAnnually.

FDA-approved contraceptive methods, sterilization procedures, and counselingAnnually, subject to certain religious-employer exemptions.

Breastfeeding support, supplies and counselingWith each birth.

Screening and counseling for interpersonal and domestic violenceAnnually.

Detailed information about each type of service is available at the HHS website.

Out of Network Providers

The requirement to cover the preventive services without cost-sharing does not apply to services that are performed out-of-network; if a participant receives the preventive services at an out-of-network provider, cost-sharing can be imposed.

In addition, the agencies have given plans allowance to use “reasonable medical management techniques” to determine the frequency, method, treatment, or setting for the preventive services, to the extent that those items are not covered in the preventive-services guidelines.

Open questions remain regarding the coverage of women’s preventive servicesfor example, what type of breastfeeding supplies are eligible to be covered? Plan sponsors should continue to watch for guidance and should work with their insurers and administrators on implementing the new preventive requirements.

Jessica Faith is an associate in the ERISA, benefits and executive compensation practice at law firm Faegre Baker Daniels.

© 2011 Faegre Baker Daniels LLP. All rights reserved.

This article should not be construed as legal advice.

Related Article:

Major Health Care Reform Deadlines Loom, SHRM Online Legal Issues, October 2012

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SHRM Online Health Care Reform Resource Page

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