Biden Administration Proposes Rule to Cover OTC Contraceptives

On Monday, the Biden administration announced a new proposed rule by the U.S. Department of Health and Human Services (HHS) together with the Labor Department (DOL) and the U.S. Department of Treasury, that would expand access to contraceptive products by making them free to all women of reproductive age with private health insurance.

The proposal would compel group plans to provide over-the-counter contraceptives without cost sharing, while providing consumers with a broader choice for covered contraceptives including drugs, combination products and other birth control methods authorized by the Food and Drug Administration (FDA). The HHS press release explains that the rule comes in response to plans and issuers imposing barriers on contraceptive coverage.

The move is likely designed to bolster Vice President Kamala Harris’s presidential election campaign, which has taken abortion as a central issue to the platform, as about nearly half of states severely restrict abortion following the Supreme Court decision that overturned Roe v. Wade. KJZZ notes that the FDA approved Opill as the first daily over-the-counter pill in July.

Should it be finalized, the rule would run into another issue: women don’t know the requirements that their health plans are required to provide for preventative health services. KFF released a report last week showing that most women know their plans must cover annual checkups, but most are unaware that their plans are required to cover costs of contraceptive services and supplies.