On February 1, 2012, due to recent confusion about how religious institutions are affected by the requirement under the Affordable Care Act (ACA) to offer health insurance that covers contraception free of charge, the White House issued a statement clarifying that churches and other houses of worship are exempt from this requirement.

While churches and other houses of worship are exempt from these requirements, certain nonprofit employers are not exempt but have an additional year to comply (see Legal Update, HHS Extends Compliance Date for Contraceptives Coverage for Certain Nonprofit Employers). Last year, HHS, the DOL and the IRS also issued a four-part test for determining whether an organization is a "religious employer" and therefore exempt from the requirement to cover contraceptive services (see Legal Update, New Guidelines Require Health Plans to Cover Women's Preventive Care Free of Charge).

The White House statement clarifies the apparent recent confusion about how religious institutions are affected by the requirement under the ACA to provide health insurance that covers contraception free of charge. Questions still remain regarding other issues that presumably will be addressed in final regulations yet to be issued.

For more information on covering preventive health care services, see Practice Note, Coverage of Preventive Health Services under the ACA