Plaintiff, Cami Jo Tice-Harouff, a family nurse practitioner who instructs patients in fertility awareness-based methods of family planning (FABM), brought suit contending that the Health Resources and Services Administration’s (HRSA’s) removal of a sentence referring to FABM from the 2021 HRSA-supported Women’s Preventive Services Guidelines violated the Administrative Procedure Act because it was done without notice and comment and because it was arbitrary and capricious.
Defendant’s position that the 2021 Health Resources and Services Administration (HRSA)-supported Women’s Preventive Services Guidelines did not remove coverage for counseling on fertility awareness-based methods of family planning (FABM), because education and counseling are included in the contraceptive care required to be covered as part of the contraception guideline, was not substantially justified.