Contraception Costs: Preventive Care?

[Guest chloe]

Would coverage of family planning services (oral contraceptives, IUD, Norplant) fall under the preventive care safe harbor for HDHPs? Notice 2004-50 Q&A 27 states that "drugs or medications are preventive care when taken by a person who has developed risk factors for a disease that has not yet manifested itself or not yet become clinically apparent (i.e., asymptomatic), or to prevent the reoccurrence of a disease from which a person has recovered." Also, Notice 2004-23 allows obstetric and gynocologic screenings as preventive care, but makes no mention of preventing pregnancy. My thought is that these drugs and devices would not fall under the preventive care safe harbor and must be subject to the plan deductible. Any thoughts?

[Gary Lesser]

Medically, why can't she get pregnant? If there were a grave risk to her health (determinded by doctor), upon becoming pregnant, then arguably the care is "preventive" in nature. However, i'd like to see some more guidance on this "hot" issue.

[GBurns]

I was hoping that someone would have had the time and research resources to have researched this "hot" and interesting issue.

It should be arguable that since pregnancy is treated by health plans and some state mandates, as being like any other illness or disease, then preventing it (even without a health risk) should be no different than preventing any other illness or disease. The cost of medical care for the prevention of an illness or disease is allowed by 105 and 213.

As regards "safe harbor" for HDHPs (I think you might have meant HSAs), I do not know the answer but the logic should apply.