Biden Administration Proposes Rule Requiring Insurers to Cover Over-the-Counter Birth Control

The Biden administration this week proposed a rule that would require insurers to cover over-the-counter (OTC) birth control—including oral contraceptives, condoms, and emergency contraception—at no cost to patients with private insurance.

The rule from the Health and Human Services, Labor, and Treasury departments—proposed Oct. 21—would expand access to contraception and aim to reduce out-of-pocket costs, affecting up to 52 million American women of reproductive age who rely on private health insurance, the White House said. The rule would require that health plans cover some devices, including IUDs, without cost-sharing in many cases.

The rule would also require most private health plans to disclose that OTC contraception is covered without cost-sharing and without a prescription.

We rounded up articles from SHRM and other outlets on the news.

Expanding Current Rules

Right now, health insurers must cover the cost of prescribed contraception, including prescription birth control. But the new rule would expand that coverage, allowing people to get contraception—including “morning-after” pills—at a storefront for free without a prescription.

(Associated Press)

Comments and Timing of the Rule

There will be a 60-day public comment period on the proposed rule. If approved, the rule could go into effect in 2025, according to senior administration officials. However, if former President Donald Trump wins the election next month, he may reverse the rule.

(HHS news release and NPR)

Proposed Rule Comes Right Before Election

The proposal comes just two weeks before the U.S. presidential election. Democrats, including Vice President Kamala Harris, the Democratic nominee for president, have argued that the threat to reproductive rights extends beyond the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization that overturned the national right to abortion.

“At a time when contraception access is under attack, Vice President Harris and I are resolute in our commitment to expanding access to quality, affordable contraception,” President Joe Biden said in a statement. “We believe that women in every state must have the freedom to make deeply personal health care decisions, including the right to decide if and when to start or grow their family.”

(The New York Times)

Health Plan Contraceptive Coverage Linked to Declining Abortion Rates

As the Affordable Care Act (ACA) provided increased access to affordable, long-acting contraception, abortion rates dropped, said Louise Norris, an analyst at healthinsurance.org, a website for health care consumers.

Studies in Michigan and Colorado have shown that when young women had increased access to affordable birth control, the abortion rate fell, Norris said.

“The landscape for insurance coverage of women’s health services has changed drastically since implementation of the ACA, and it keeps changing,” she said. “People often don’t realize what is covered by their insurance until they are considering a specific health care service or medication.”

(SHRM)