Democratic Women’s Caucus, Pro-Choice Caucus Send Letter to the Departments of Health and Human Services, Labor, and Treasury to Improve Birth Control Access
March 10, 2022
CONTACT: Michelle Moreno-Silva
Washington, D.C. – Today, Democratic Women’s Caucus (DWC) leaders Congresswomen Lois Frankel (FL-21), Brenda Lawrence (MI-14), Jackie Speier (CA-14), Veronica Escobar (TX-16), Sylvia Garcia (TX-29), and Sara Jacobs (CA-53), along with Pro-Choice Caucus leaders Congresswomen Diana DeGette (CO-01), Barbara Lee (CA-13), and Judy Chu (CA-27) led over 100 Members in sending a letter to the Departments of Health and Human Services, Labor, and Treasury—the agencies tasked with implementing the Affordable Care Act (ACA)—urging enforcement of the ACA's birth control coverage requirement and improved outreach and education of this requirement. The letter implores the agencies to ensure providers and patients understand the right to $0-copay birth control and the recourse available if plans do not comply.
“Before the ACA, contraception accounted for up to 44 percent of women’s out-of-pocket health care costs. The ACA has decreased costs and improved health outcomes for women. As of 2021, 62.1 million women had birth control coverage with no out-of-pocket costs,” the Members wrote. “We have made great progress. With that said, we have heard from constituents, patient advocates, providers, and manufacturers that plans routinely refuse to cover certain products, impose administrative hurdles like prior authorizations and step therapy, and require unallowable patient cost-sharing. These actions violate current guidelines. Such burdens disproportionately impact low-income patients, communities of color, people with disabilities, and LGBTQ+ individuals.”
“Access to birth control is a critical pillar for the well-being and equality of millions, but insurance companies still deny this basic health care to women across the country. The Affordable Care Act is one of the most powerful tools we have to promote and protect access and insurance coverage of contraception,” said Fatima Goss Graves, President & CEO, National Women’s Law Center. “We at the Law Center thank these members of the House of Representatives Caucuses for their efforts to ensure the ACA is heartily enforced and birth control is available to all.”
The agencies published guidance on January 10, 2022 (“FAQ’s about Affordable Care Act Implementation Part 51”) reporting that insurance plans and pharmacy benefit managers are not complying with the ACA contraception coverage requirement. To ensure continued progress in improving contraceptive access, the lawmakers are urging the agencies to enhance enforcement of the ACA’s contraceptive coverage requirement and recent guidelines across all health insurance plans subject to the ACA, and improve public awareness of the ACA’s contraceptive coverage requirement.
The ask of the Members is endorsed by National Women's Law Center, Center for Reproductive Rights, NARAL ProChoice America, Planned Parenthood Federation of America, Physicians for Reproductive Choice, and Power to Decide.
The complete text of the letter can found here.
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