The Biden administration intends to propose broadening the availability of non-prescription contraception without charge.
Reproductive health concerns have become a significant point of contention in the presidential race, following the Supreme Court's 2022 decision that challenged Roe v. Wade. Democrats are expressing concern that this decision could potentially limit access to fertility treatments and contraception in conservative states. A bill aimed at securing contraception access was met with opposition in the Senate in June.
During the campaign, Vice President Kamala Harris has underscored the risk of reduced reproductive health access if former President Donald Trump were to regain the White House. In response to being questioned about his stance on birth control, Trump asserted that he wouldn't advocate for any restrictions on birth control usage.
Jen Klein, White House Gender Policy Council director, expressed concern that extreme abortion bans pose a risk to female health and impede access to essential healthcare services such as contraception as healthcare providers close in various states. Klein also highlighted that Republican officials in several states have indicated their intention to curtail or even prohibit birth control, alongside abortion.
The Affordable Care Act mandates that most private insurance plans should cover contraception free of charge. However, insurers can still require a prescription for over-the-counter contraception.
The proposed rule aims to remove the need for a prescription for acquiring over-the-counter contraception, like Plan B emergency contraceptive, spermicide, and Opill, the first daily oral contraceptive approved by the FDA, according to an administration representative.
Additionally, the proposed rule will require insurers to cover all FDA-approved drugs and drug-led combination products, unless the plans also cover a therapeutic equivalent. Therapeutic equivalents are drugs with the same active ingredient in the same amount, as defined by the FDA. Currently, insurers are only required to cover one drug per contraceptive category, making it difficult for some women to access the specific combination of drugs in the type of prescription contraceptive they prefer, the representative explained.
The proposed rule is estimated to impact approximately 52 million women with private insurance plans, said the representative.
Health and Human Services Secretary Xavier Becerra stated on Friday that since the Supreme Court overturned Roe v. Wade, reproductive health care has been under threat. "Preventative services like contraception are more vital than ever," Becerra affirmed. "And when health care plans and issuers pose unreasonable administrative or cost-sharing challenges for these services, access to contraceptives becomes harder."
In light of the Supreme Court's decision, politics surrounding reproductive health, including access to contraception, have become a contentious issue in the ongoing presidential race. Vice President Harris has emphasized the potential risks to reproductive health access if certain politicians regain power, such as former President Trump, who previously asserted he wouldn't advocate for restrictions on birth control usage.
