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Biden Administration Proposes New Plan for Free Over-the-Counter Birth Control

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The U.S. Department of Health and Human Services (HHS), Labor Department and Treasury Department recently proposed a rule that would allow free access to over-the-counter birth control for those with private health insurance. According to the report, it would require health insurance companies to cover condoms, spermicide and emergency contraception without a prescription and at no cost. 

Given that reproductive health has been a major issue in the upcoming presidential election campaign, the Biden administration is seeking to expand access to components of safe reproductive health. At the moment, the Affordable Care Act mandates contraception coverage, but only with a prescription. If this new rule is finalized, it would mark the largest expansion of birth control coverage for those of reproductive age since 2012. Since approximately half the states now ban or restrict abortion, there have been steep declines in prescriptions for birth control and emergency contraception. 

“We have heard from women who need a specific brand of birth control but the cost of their prescription isn’t covered by their health insurance. We have made clear that in all 50 states the Affordable Care Act guarantees coverage of women’s preventive services without cost sharing, including all birth control methods approved by the Food and Drug Administration,” HHS Secretary Xavier Becerra told reporters. “This proposed rule will build on the progress we have already made under the Affordable Care Act to help ensure that more women can access the contraceptive services they need without out-of-pocket costs.”

The over-the-counter products would be accessed at the pharmacy counter, with the possible option of reimbursement depending on the health insurance plan. This new rule must go through a 60-day comment period and may not be finalized until 2025. Depending on the outcome of the election, the rule could even be reversed. 


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