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CA Department of Insurance

California Court joins Pennsylvania Court in issuing nationwide injunction

News: 2017 Press Release

For Release: December 21, 2017
Media Calls Only: 916-492-3566
Email Inquiries: cdipress@insurance.ca.gov
California Court joins Pennsylvania Court in issuing nationwide injunction
Second ruling against Trump regulations that would limit women’s access to contraceptives
OAKLAND, Calif. — Today, the U.S. District Court for the Northern District of California granted a preliminary injunction in State of California v. Wright, to block the Trump Administration regulations that would allow employers to exclude contraceptive coverage mandated by the Affordable Care Act from their employees' health insurance policies. Today's action by a California court follows the nationwide injunction issued in Pennsylvania earlier this month. Both the Pennsylvania and California rulings were based on the failure of the federal government to comply with the Administrative Procedures Act in promulgating its Interim Final Rule; the Pennsylvania court also based its ruling on the additional grounds of the likelihood of the Commonwealth of Pennsylvania prevailing on its substantive challenge to the Interim Final Rule. The Pennsylvania court found that the regulations "contradict the text of the statute that they purport to interpret."

California Insurance Commissioner Dave Jones submitted a declaration in this case, providing evidence demonstrating that women would be harmed if the Trump rule denying women access to contraceptives is permitted to remain in effect.

"Thanks to the Affordable Care Act, health insurance policies must cover contraceptives. Tens of millions of women across the nation benefit from the ACA provision that requires health insurance coverage of contraceptives without any co-pays or deductibles. Courts in Pennsylvania and now California have put in place injunctions to block regulations that would otherwise permit employers to interfere with women's right to access to contraceptives.

Before the ACA was in effect, I spoke to women who could not always afford to fill their prescriptions for contraceptives. President Trump's regulations would prevent some women from being able to make fundamental decisions about reproductive health care for themselves. Trump's rule, if allowed to stand, would deprive women of their rights and access to basic health care services, while increasing the number of unintended pregnancies and abortions. Women will suffer serious and irreparable harm if these rules are in place and we will continue to do everything in our power to prevent that from occurring."

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The California Department of Insurance, established in 1868, is the largest consumer protection agency in California. Insurers collect $289 billion in premiums annually in California. Since 2011 the California Department of Insurance received more than 1,000,000 calls from consumers and helped recover over $394 million in claims and premiums. Please visit the Department of Insurance web site at www.insurance.ca.gov. Non-media inquiries should be directed to the Consumer Hotline at 800.927.HELP or 213.897.8921. Telecommunications Devices for the Deaf (TDD), please dial 800.482.4833.

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