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Biden administration proposes a rule to make over-the-counter contraception free

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October 21, 2024

On this picture illustration, a package deal of Opill is displayed on March 22.

Justin Sullivan/Getty Photos


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The Biden administration is proposing a rule that may broaden entry to contraceptive merchandise, together with making over-the-counter contraception and condoms free for the primary time for ladies of reproductive age who’ve personal medical health insurance.

Below the proposal by the U.S. Division of Well being and Human Providers (HHS), Labor Division, and Treasury Division, which was introduced by the administration on Monday, medical health insurance corporations can be required to cowl all beneficial over-the-counter contraception merchandise, similar to condoms, spermicide and emergency contraception, and not using a prescription and without charge, in response to senior administration officers.

It might additionally require personal medical health insurance suppliers to inform recipients concerning the coated over-the-counter merchandise.

The proposed rule comes because the Biden administration seeks to broaden entry to contraceptives and as different reproductive well being, together with entry to abortion, has change into a central concern within the 2024 presidential election campaign. Republican-led states have restricted entry to abortion for the reason that Supreme Courtroom overturned Roe v. Wade in 2022. About half of states now ban or severely limit abortion, which has coincided with steep declines in prescriptions for contraception and emergency contraception in these states.

HHS Secretary Xavier Becerra mentioned when well being care insurers impose burdensome administrative or price sharing necessities for providers, “entry to contraceptives change into much more troublesome.”

“We’ve heard from girls who want a particular model of contraception however the price of their prescription isn’t coated by their medical health insurance. We’ve made clear that in all 50 states the Reasonably priced Care Act ensures protection of girls’s preventive providers with out price sharing, together with all contraception strategies accredited by the Meals and Drug Administration,” Becerra informed reporters. “This proposed rule will construct on the progress we have now already made underneath the Reasonably priced Care Act to assist make sure that extra girls can entry the contraceptive providers they want with out out-of-pocket prices.”

The merchandise would have the ability to be accessed the identical method prescription medicines are accessed, similar to on the pharmacy counter, in response to senior administration officers. Getting the merchandise by means of reimbursement would even be an possibility, relying on the medical health insurance plan, officers mentioned.

Contraception turned out there to these with insurance coverage and not using a copay due to the Reasonably priced Care Act, however that required a prescription.

In July 2023, a every day oral contraception tablet, Opill, became the first over-the-counter birth control pill to be accredited by the Meals and Drug Administration. It turned available for purchase online in March and will be bought for $19.99.

The Biden administration in January announced several actions aimed toward strengthening entry to abortion and contraceptives, together with the Workplace of Personnel Administration issuing steering to insurers that can broaden entry to contraception for federal staff, households and retirees.

There might be a remark interval on the proposed rule and if accredited, it might go into impact in 2025, in response to senior administration officers.

Nonetheless, if former President Donald Trump wins the election, he might reverse the rule.

NPR’s Sydney Lupkin and Invoice Chappell contributed to this report.

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