The ACA law just states covering preventive care it was HHS that took that to mean contraception and 20 drugs. So if the law did not say specify is HHS making law up? They have given 100+ exceptions to others why not this? In principle it is law without representation
Part of the problem is the ACA law was written in an open-ended way, which terms such as “the Secretary shall” or may, not sure which. The Dems gave a blank slate to the Executive branch.