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Biden Aims to Expand Free Birth Control Access as Election Nears

(Bloomberg) -- President Joe Biden’s administration unveiled a proposal that would require private health plans to cover over-the-counter contraception at no additional cost to consumers.

The Food and Drug Administration last year granted the first US clearance for an OTC daily oral birth control product, yet Perrigo Co.’s Opill — available in stores and for online order since March — has been prohibitive for many at $19.99 per month.

The proposed rule aligns with Vice President Kamala Harris’ focus on expanding reproductive care, from birth control to abortion to postpartum coverage, as part of her presidential bid in the Nov. 5 election. 

Biden administration officials told reporters they’ve documented a large number of complaints about women who are unable to access contraceptives with higher out-of-pocket costs. 

“Today, our administration is proposing the largest expansion of contraception coverage in more than a decade,” Harris said in a statement Monday. “President Biden and I stand with the majority of Americans – Republicans and Democrats alike – who support access to contraception.”

In an effort to expand access to affordable products, the proposal by the departments of Health and Human Services, Labor and Treasury would require private health insurance plans to cover daily over-the-counter birth control pills and emergency contraception without a prescription with no additional cost-sharing by consumers.

With the FDA’s approval of Opill, the US joined more than 100 countries where birth control is already available without barriers such as doctor’s appointments or parental approval.  

The proposed rule also seeks to expand access to this birth control method by requiring private health plans to disclose that over-the-counter contraception is covered without cost-sharing. 

Its reach goes beyond over-the-counter birth control and products like so-called Plan B pills. 

Health plans additionally would be required to increase the number of prescribed contraceptive drugs and products, like intrauterine devices, that they cover at no cost to patients, including by expanding the options patients have beyond just one per category of product. 

Abortion rights have repeatedly been a winning issue for Democrats. Since the US Supreme Court overturned the constitutional right to abortion in 2022, voters have backed state constitutional amendments that would protect abortion rights and elected Democrats against anti-abortion opponents. 

“The vice president has been clear contraception is health care, and every person in America should have the freedom to access the health care they need,” Harris’ Domestic Policy Adviser Kristine Lucius said in a call with reporters. 

“I cannot emphasize enough how important this expansion of access is in the wake of Roe v. Wade being overturned,” Lucius said.

The proposed rule wouldn’t be finalized before Election Day — if ever — and ensuring coverage for contraception has already proved to be an uphill battle.

Even should Harris win, the plan must go through an open-comment period, where stakeholders can submit feedback. The Biden administration has announced several efforts this year to make contraception more accessible to college students, active-duty service members and to federal employees.

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