The Biden administration proposed a new federal rule to make over-the-counter birth control more accessible. If approved, these regulations would require private insurance to cover the costs of over-the-counter contraceptives.
Currently, under the Affordable Care Act (ACA) signed and implemented in 2010, private insurance companies are obligated to cover the costs of all FDA-approved preventive contraceptive methods (birth control pills, IUDs, and emergency contraceptives) without any out-of-pocket costs (co-pays or deductibles). However, due to a precedent set by Burwell v. Hobby Lobby in 2014, companies with religious or moral objections can refuse to include contraceptive coverage in their employee health plans. Some employers are also exempt if they maintain “grandfathered” status under the ACA.
Under the proposal by the U.S. Department of Health and Human Services (HHS), private insurers will be required to cover the full costs of recommended over-the-counter contraceptives in addition to prescription contraceptives. The proposal would also require private insurers to inform recipients of the coverage of products, including spermicide, Plan B, condoms, and other over-the-counter contraceptives.
The proposal aims to remove financial barriers, making it easier for people to access birth control without needing a prescription or paying high retail prices. Over-the-counter emergency contraceptives like a single Plan B pill can cost $40-$50, which can be burdensome for many, especially those working low-wage jobs.
If implemented, the new rule would address a crucial gap in contraceptive access at a time when reproductive healthcare is increasingly restricted across the U.S. By eliminating financial barriers to over-the-counter options, the proposal would make it easier for people to access the birth control they need without delays or added costs.
SOURCES
https://www.guttmacher.org/state-policy/explore/insurance-coverage-contraceptives
https://www.vogue.com/article/free-over-the-counter-birth-control
https://www.npr.org/2024/10/20/g-s1-29117/over-the-counter-birth-control-condoms-free