In its recent Hobby Lobby decision, the Supreme Court ruled that health care reform's controversial contraceptives coverage mandate, part of the law's preventive services rules, violates the Religious Freedom Restoration Act as applied to closely held for-profit corporations with religious objections. In response, a new tri-agency FAQ addresses ERISA health plan disclosure requirements for closely held for-profit corporations that stop providing contraceptives coverage in light of the Hobby Lobby decision. According to the FAQ, a summary of material modifications to the plan's SPD may be required to properly communicate reductions in contraceptives coverage.

For analysis of the contraceptives mandate under health care reform, including the recent FAQ on disclosure requirements, see Practical Law's newly published Practice Note, Contraceptives Coverage under Health Care Reform.