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Why the Affordable Care Act Matters for
Women: Summary of Key Provisions
SEPTEMBER 2015
The Affordable Care Act (ACA) is the greatest advance for women’s health in a generation.
Improving access to health care has long been a priority for women for a number of reasons,
including the fact that women have more contact with the health care system over their
lifetimes than do men; their health care needs are greater, especially during their
reproductive years; and they often coordinate health care for spouses, children, aging
parents and other loved ones.
The ACA is steadily improving women’s access to health insurance coverage, making health
care more affordable, and expanding benefits all of which are priorities for women. Quite
simply, the ACA makes affordable, quality health care more of a reality for women and
their families.
Millions of women are gaining access to affordable health care coverage. Changes
made to the health care system by the ACA have enabled millions of previously
uninsured women to enroll in affordable, comprehensive health coverage through
Medicaid and the health insurance marketplace.
Women no longer have to pay more than men for the same insurance policies. The
ACA prohibits plans in the individual and small group markets from charging women
higher premiums simply because of their gender. Furthermore, for the first time in
history, gender discrimination is prohibited in many health care programs. (The ACA
prohibits all health programs and activities receiving federal funds, including tax
credits, subsidies and contracts, from discriminating against women and other
protected classes.)
Women can no longer be denied coverage because they are sick or have pre-existing
conditions. The ACA has ended outrageous, predatory practices that allowed insurers
to refuse to cover women who had breast cancer, cesarean sections, received medical
treatment due to domestic violence or have chronic conditions like high blood pressure
or diabetes. Additionally, insurers are now prohibited from imposing lifetime dollar-
value caps on coverage and they are barred from placing annual dollar-value caps on
essential health benefits like maternity care.
Children and young adults now have improved access to quality care. The ACA gives
young adults the right to stay on their family’s health insurance until age 26.
Additionally, health plans are now prohibited from denying coverage to children with
pre-existing conditions, such as asthma or diabetes.
Women are guaranteed coverage for maternity care services. Women purchasing
insurance in the individual or small group markets are now guaranteed access to
NATIONAL PARTNERSHIP FOR WOMEN & FAMILIES | FACT SHEET | SUMMARY OF KEY PROVISIONS
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maternity coverage as an essential health benefit. Prior to the ACA, most health plans
purchased in the individual market did not cover maternity care.
1
Women with
individual plans either had to go without maternity benefits and pay out-of-pocket for
their care, or purchase costly maternity coverage “riders.
2
Maternity care can be very
expensive: $21,001 was the average cost of all payments made for maternity and
newborn care in 2010 for women who had commercial insurance.
3
Women are guaranteed coverage for preventive services such as birth control,
mammograms and cervical cancer screenings, with no cost-sharing. Most private
insurance plans including most employer-sponsored plans
4
are required to cover a
wide range of recommended preventive services without cost-sharing, including well-
women visits; screenings for gestational diabetes, osteoporosis and colon cancer; Pap
smears and pelvic exams; human papillomavirus (HPV); DNA testing; sexually
transmitted infection (STI) and HIV screenings and counseling; all U.S. Food and Drug
Administration (FDA) approved contraceptive methods; breastfeeding support,
counseling and supplies; and screenings and counseling related to interpersonal
violence. Most plans also must cover screenings and vaccinations critical to children’s
health without out-of-pocket costs. The ACA also requires Medicare to waive cost-
sharing for many of these services and to provide a free, annual comprehensive
wellness visit that includes personalized prevention planning services.
More low-income women have timely access to family planning services, thanks to an
ACA provision that simplifies the process for states to expand Medicaid eligibility for
these services. Medicaid enrollees benefit from the Medicaid program’s guarantee of
family planning services without out-of-pocket costs. The law allows states to expand
Medicaid coverage of family planning services for lower-income women through State
Plan Amendments (SPA). The SPA process makes it much easier for state Medicaid
programs to provide these services to women because states no longer have to go
through a cumbersome federal waiver process or reapply after initial SPA approval.
Nursing mothers have the right to a reasonable break time and a place to express
breast milk (pump) at work. The law provides the first national standard for nursing
moms at work: Employers now have to offer certain employees a private space that is
not a bathroom in which to pump breast milk.
5
Pregnant and parenting women have access to a home visiting program. The ACA
provides support for at-risk communities through a home visiting program that pairs
eligible new and expectant families with trained professionals. These professionals
provide parenting information, resources and support during pregnancy and a child’s
first years to support the child’s health, development, school readiness and more.
6
Women have improved access to coordinated care. By investing in primary care,
patient safety and the Center for Medicare and Medicaid Innovation, the ACA lays the
groundwork to improve quality and coordination of care. This means patients will be
less likely to experience dangerous drug interactions, duplicative tests and procedures,
conflicting diagnoses and preventable readmissions and their family caregivers will
get the help they need.
Senior women will save thousands of dollars as reform closes the Medicare
prescription drug coverage gap. The drug coverage gap, referred to as the “donut
hole,requires beneficiaries to pay 100 percent of drug costs up to the point when
NATIONAL PARTNERSHIP FOR WOMEN & FAMILIES | FACT SHEET | SUMMARY OF KEY PROVISIONS
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Medicare begins to pay again. Under the ACA, a typical Medicare beneficiary who hits
the donut hole could save substantially by 2020, when it will close completely.
7
Women are now able to comparison shop when choosing health plans for themselves
and their families. HealthCare.gov and state-based health insurance marketplaces give
women access to unbiased information about health insurance options online so they
can choose the best plans for themselves and their families.
Essential community providers will continue to provide health services to the women
they serve. The ACA requires insurance plans to include essential community
providers in their networks, particularly family planning providers, HIV/AIDS
providers, federally qualified health centers, Indian health care providers, and
hospitals that serve medically underserved and low-income populations. This provision
ensures that women who rely on these providers can continue to receive care.
The ACA supports evidence-based, medically accurate, comprehensive sexuality
education. The ACA provided $75 million per year for five years to the Personal
Responsibility Education Program (PREP), a state grant program that funds
comprehensive approaches to sex education. Specifically, PREP funds evidence-based,
medically accurate, age-appropriate programs to educate adolescents about both
abstinence and contraception in order to prevent unintended teen pregnancy and STIs,
including HIV/AIDS. In April 2015, Congress extended PREP program funding through
fiscal year 2017.
Abortion care can be covered, but it is treated differently than every other health care
service. Coverage of abortion was one of the biggest points of contention during the
debate over the ACA. While women’s reproductive health advocates were able to defeat
efforts to completely undermine access to abortion care, abortion services are still
treated unfavorably by the law. The ACA imposes restrictions on insurance providers
that offer plans that include abortion coverage in the health insurance marketplaces
and on the individuals who buy these plans.
1
National Women’s Law Center. (2009, October). Still Nowhere to Turn: Insurance Companies Treat Women Like a Pre-Existing Condition. Retrieved 12 August 2015, from
http://www.nwlc.org/resource/still-nowhere-turn-insurance-companies-treat-women-pre-existing-condition
2
The Henry J. Kaiser Family Foundation. (2013, August). Health Reform: Implications for Women’s Access to Coverage and Care. Retrieved 12 August 2015, from
http://www.kff.org/womenshealth/upload/7987.pdf
3
Truven Health Analytics. (2013, January). The Cost of Having a Baby in the United States, Table 11. Retrieved 12 August 2015, from
http://transform.childbirthconnection.org/reports/cost/
4
Note: Some employers nonprofit organizations that hold themselves out as religious and certain closely held for-profit corporations are eligible for an accommodation that
allows them not to pay for coverage of contraception but ensures their employees receive contraceptive coverage directly from the insurer, or for self-insured plans, the third
party administrator.
5
U.S. Dept. of Labor, Wage and Hour Division. (2010, March). Section 7(r) of the Fair Labor Standards Act Break Time for Nursing Mothers Provision. Retrieved 12 August 2015,
from http://www.dol.gov/whd/nursingmothers/Sec7rFLSA_btnm.htm. Note: This requirement applies to employees who are not exempt from Section 7 of the Fair Labor
Standards Act. Employers with fewer than 50 employees are exempt from this requirement if it would impose an undue hardship.
6
U.S. Dept. of Health and Human Services Health Resources and Services Administration. Maternal, Infant, and Early Childhood Home Visiting. Retrieved 12 August 2015, from
http://mchb.hrsa.gov/programs/homevisiting/
7
U.S. Dept. of Health and Human Services Office of the Asst. Secretary for Planning and Evaluation. (2012, February). ASPE Issue Brief: Medicare Beneficiary Savings and the
Affordable Care Act. Retrieved 12 August 2015, from http://www.aspe.hhs.gov/health/reports/2012/MedicareBeneficiarySavings/ib.shtml
The National Partnership for Women & Families is a nonprofit, nonpartisan advocacy group dedicated to promoting fairness in the workplace, access to quality health care and
policies that help women and men meet the dual demands of work and family. More information is available at www.NationalPartnership.org.
© 2015 National Partnership for Women & Families. All rights reserved.