On July 28, 2021, the Center for Reproductive Rights submitted a comment supporting the Center for Medicare & Medicaid Services’ (“CMS”) proposed rule repealing the 2019 changes to the Separate Billing Regulation at 45 C.F.R. §156.280(e)(2). If it had been allowed to go into effect, the Trump-era changes to this rule would have required qualified health plan issuers to bill consumers separately for abortion services, creating confusion and an additional, unnecessary financial and administrative hurdle for those accessing abortion care. The Center’s comment emphasized the potential harms of the 2019 rule, and provided expert guidance on the interpretation of Section 1303 of the Affordable Care Act, which governs billing of abortion services.
Read the comment here: