The Biden Administration is proposing a new regulation, led by the Departments of Health and Human Services, Treasury, and Labor, to require health plans to cover over-the-counter contraception without any copays.
This initiative, part of broader efforts to expand reproductive health access post-Dobbs v. Jackson, builds on the Affordable Care Act, which mandates coverage for preventive services.
The new rule (when finished) would include a wide range of FDA-approved contraceptives such as oral pills, patches, rings, and emergency contraception like Plan B, without the need for a prescription or copay.
To review or comment on the proposed rules during the 60-day public comment period, visit the Federal Register. To review the draft rule, visit CMS.gov.
The statutory authority for this rulemaking comes from the ACA, which provides the statutory framework for comprehensive preventive healthcare services.
By removing financial barriers to contraception with zero copay, this proposal would improve access to birth control and other preventive measures for millions of Americans, particularly women who face cost-related challenges.
Family planning has long been recognized as a critical part of public health. Access to contraception is vital not only for preventing unintended pregnancies but also for improving maternal and child health outcomes, reducing abortion rates, and supporting women’s educational and economic advancement.
Overview of Family Planning in the United States – A Review of the HHS Family Planning Program
Family planning services also lower the risk of preterm births, infant mortality, and complications related to pregnancy and childbirth.
According to the CDC family planning is one of the 10 great public health achievements of the twentieth century, on a par with accomplishments like vaccination and advances in motor vehicle safety.
Ten Great Public Health Achievements — United States, 1900-1999 (my favorite MMWR)
The move is a key step in ensuring fair access to healthcare and expanding family planning services, which, in turn, improve broader public health indicators.
Editorial Note: This Rulemaking will take many months to work through the regulatory process. If Mr. Trump wins the upcoming election there is a very good chance that the new administration would cancel this important rulemaking.
