Rep. Chu & Dem Women’s Caucus Chair Frankel Lead House Democrats in Urging Biden-Harris Administration to Require Insurers to Fully Cover Over-the-Counter Birth Control

Members request updated ACA guidance that specifies insurance plans must cover over-the-counter contraceptives at no cost and without a prescription

WASHINGTON, D.C. — This week, Pro-Choice Caucus Contraception and Family Planning Task Force Chair Rep. Judy Chu (CA-28) and Democratic Women’s Caucus Chair Rep. Lois Frankel (FL-22) led 121 House Democrats in urging the Biden-Harris Administration to build on its progress expanding access to contraception by requiring health insurance plans to fully cover over-the-counter contraceptives at no cost to the patient and without a prescription.

“We urge you to improve health insurance coverage, both public and private, of the full range of FDA-approved, granted, or cleared contraceptive products—including birth control that is available over-the-counter (OTC) without requiring a prescription for coverage,” the Members wrote in their letter to Department of Health and Human Services Secretary Xavier Becerra, Department of Treasury Secretary Janet Yellen, and the Department of Labor Acting Secretary Julie Su. “Over 19 million women live in counties with limited access to health care providers that offer comprehensive contraceptive services, and about one-third of women who have received prescription contraceptives have reported barriers to access. Expanding access to affordable coverage for eligible, uninsured populations would improve the quality of contraceptive care that patients receive.”

The Biden-Harris Administration has taken major steps toward expanding access to contraceptive care, including issuing an Executive Order in June 2023 directing the Departments of Health and Human Services, Labor, and Treasury to issue updated guidance on contraceptive coverage under the Affordable Care Act (ACA).  As part of this guidance, the Members urged the Secretaries to clarify that private health plans regulated by state and federal governments must cover OTC contraception at no cost, even when purchased without a prescription. This is a particularly timely need after the Food and Drug Administration (FDA) approved Opill as the first-ever OTC birth control pill in July 2023. Opill will become available in early 2024.

“The availability of safe and effective OTC birth control products has enormous potential to help people overcome significant barriers to consistent contraceptive use, including the many logistical and financial challenges to obtaining a prescription. The FDA’s approval of Opill is a milestone; however, for an OTC birth control pill to meet its potential and be truly accessible, federal departments must ensure that it is covered without cost-sharing and without the need for a prescription as a condition of coverage,” the Members continued. “Even prior to the FDA’s approval of Opill, several states have expanded access to OTC contraceptives and other lifesaving ACA preventive services to ensure that patients continue to receive quality care. Additional training and billing guidance for pharmacists and other health care providers would support state efforts to expand access to covered ACA preventive services like OTC contraceptives.”

In addition to new ACA guidance, the Members also requested seven additional discrete steps the Departments should take, in line with the President’s June 2023 Executive Order on contraception, to increase access to OTC birth control. A similar letter was sent to the Administration by 48 Democratic Senators in October 2023.

Read the full letter HERE.

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