Biden-Harris administration proposes federal rule on contraceptive access and affordability

This is a statement from Ibis Reproductive Health, which operates Free the Pill:

Today, the Biden-Harris Administration made significant progress on their commitment to expanding access to affordable contraception by proposing a new federal rule that would expand access to birth control under the Affordable Care Act by covering over-the-counter birth control without a prescription or cost sharing and requiring insurance plans to share information about this coverage with consumers. The rule also requires plans to cover all contraceptive methods without a therapeutic equivalent, helping more people obtain their preferred method without out-of-pocket costs. This proposed rule comes after the U.S. Departments of Health and Human Services, Labor, and the Treasury issued a Request for Information on insurance coverage for preventive services last year, which received nearly 400 comments–including comments from Ibis Reproductive Health, the Free the Pill coalition, and many coalition members.

This proposed rule is a huge step in the right direction and if finalized and implemented correctly would be instrumental in making over-the-counter (OTC) birth control more equitably accessible. Coverage of over-the-counter birth control without a prescription has long been a goal of Ibis Reproductive Health and the Free the Pill coalition, operated by Ibis. Research clearly shows that cost is a significant barrier to contraceptive access. Insurance coverage of OTC birth control pills without a prescription or cost sharing would eliminate cost barriers for many people across the country. Further, with Opill, the first daily birth control pill in the US on shelves nationwide, we are thrilled that action is being taken to better support people in utilizing their insurance coverage to access OTC birth control affordably. 

“The proposed rule by the Biden-Harris Administration provides solutions for significantly improving OTC coverage and if finalized, will greatly expand affordable access to birth control,” said Victoria Nichols, MPH and Project Director for Free the Pill. “Insurance coverage without a prescription or cost sharing for OTC preventive care, like Opill, improves access especially for people who are working to make ends meet, and this level of coverage must be guaranteed for everyone regardless of the type of plan they are on. As we celebrate progress, we must ensure that everyone, no matter who they are, where they live, or how much money they make has affordable options for contraception and autonomy over their reproductive health. We will continue to advocate to ensure that people who are uninsured or cannot use their insurance have no and low-cost options available.”  

This rule builds upon the tremendous advances that state advocates have made by passing OTC coverage policies in their states, while filling the gaps which made it challenging for OTC coverage to be implemented at the state level. It also comes at a critical time when reproductive health access is being severely restricted.


About Ibis Reproductive Health and Free the Pill  

The Free the Pill coalition is a group of more than 250 reproductive health, rights, and justice organizations, research and advocacy groups, youth activists, health care providers, prominent medical and health professional associations, and others who share a commitment to ensuring more equitable access to safe, effective, and affordable birth control to people of all ages, backgrounds, and identities in the United States.

The coalition (formerly known as the Oral Contraceptives Over-the-Counter Working Group) has been working since 2004 to build the evidence in support of OTC birth control pills in the United States. Housed at Ibis Reproductive Health, a global research organization, the coalition’s activities are guided by a steering committee of individuals representing research, health, and advocacy communities.

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We freed the pill, now let’s make it equitably accessible