In an Oct. 21 news release, HHS Secretary Xavier Becerra said the proposed rule change would “expand access to birth control at no additional cost for millions of consumers.”
“Bottom line: women should have control over their personal healthcare decisions. And issuers and providers have an obligation to comply with the law,” Mr. Becerra said.
Here are five things to know about the proposed regulation:
- Insurers would be required to cover all OTC contraceptives, including pills, condoms and emergency contraception at no cost to members. The FDA approved the first OTC birth control pill in 2023.
- The ACA requires insurers to cover contraceptives at no cost. This regulation only applies to products prescribed by a provider.
- Lawmakers have expressed concern that insurers are imposing copays for contraceptives that should be covered under ACA requirements. In June, three senators asked the Government Accountability Office to investigate why some insurers are charging for birth control. Some insurers have paid fines to state regulators for violating contraceptive coverage requirements.
- CMS is seeking feedback on whether insurers should eventually be required to cover other preventive care medications available over the counter.
- The proposed regulations would require insurers to disclose that OTC contraceptives are covered to members in any online self-service tool searches.
The proposed regulations would not change any federal conscience protections, which allows some employers to opt out of covering contraceptives for their employees.
Read more here.
