Washington, DC – Last week the Biden-Harris administration announced a proposed rule to improve access and expand coverage of contraception under the Affordable Care Act. The proposed rule, which was published today, would require private health plans to cover over-the-counter (OTC) contraceptives, including emergency contraception, without cost-sharing and without a prescription. It would also make it easier for people to learn about the coverage of OTC contraception. Additionally, the rule would require private health plans to cover all FDA-approved contraceptives without a therapeutic equivalent, thereby helping more people obtain their preferred method of contraception without out-of-pocket costs.
If finalized, this groundbreaking rule would remove barriers to accessing contraception and increase coverage for an estimated 52 million women. It would also mark the most significant expansion of contraceptive coverage under the Affordable Care Act since its enactment.
This is the latest step by the Biden-Harris administration to expand contraceptive access in the face of ever-increasing attacks on sexual and reproductive health care. The move comes after the FDA last year approved Opill, the first OTC daily oral contraceptive pill.
Contraception is essential health care, and everyone should have access to the contraceptive of their choice free of cost.
“NHeLP commends the Biden-Harris administration for this critical step forward in expanding contraceptive coverage. Contraception is essential health care, and everyone should have access to the contraceptive of their choice free of cost.” says Christina Piecora, Senior Policy Analyst at the National Health Law Program. “NHeLP urges the administration to ensure OTC and therapeutic equivalency coverage for federally-supported health care programs, including Medicaid. While contraceptive equity has always been an important component of reproductive health, it is even more crucial amidst the escalating attacks on sexual and reproductive health care after Dobbs.”
