Bill Summary
This legislation, also known as the "Affordability is Access Act," aims to ensure timely and affordable access to birth control by requiring group health plans and health insurance coverage to include coverage for over-the-counter contraceptives. The Act also acknowledges the importance of birth control for women's health and well-being, as well as the existing barriers and disparities in access to contraception. It calls for the Food and Drug Administration to review and approve over-the-counter birth control methods, and clarifies that coverage for contraceptives includes over-the-counter options. This Act also emphasizes the importance of not interfering with the FDA's processes and not preempting any existing federal or state laws that provide greater protections for consumers. Furthermore, it places a duty on retailers to not interfere with an individual's access to or purchase of over-the-counter birth control, except in cases where the individual is unable to pay.
Possible Impacts
1. Access to affordable birth control: This legislation would require group health plans and health insurance coverage to provide coverage for over-the-counter contraceptives, making it more accessible and affordable for women to obtain birth control. This would greatly benefit individuals who may not have the financial means to afford birth control or who may live in areas with limited access to reproductive health services.
2. Reduction of health disparities: The Senate findings state that health disparities persist among low-income women, women of color, and women who lack access to health coverage and providers. By requiring coverage for over-the-counter contraceptives, this legislation aims to reduce disparities in access to birth control and reproductive health services among different socioeconomic groups.
3. Protection of consumer rights: The legislation clarifies that coverage of contraceptives must include over-the-counter methods approved by the FDA, even if the individual does not have a prescription. This protects consumer rights by ensuring that individuals have access to all FDA-approved birth control options, regardless of their prescription status.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1847 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 1847
To require group health plans and group or individual health insurance
coverage to provide coverage for over-the-counter contraceptives.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 13, 2019
Mrs. Murray (for herself, Mrs. Shaheen, Mr. Booker, Ms. Baldwin, Mr.
Brown, Mr. Leahy, Mr. Reed, Mrs. Feinstein, Mr. Blumenthal, Mr. Kaine,
Mr. Sanders, Ms. Hirono, Ms. Duckworth, Mr. Merkley, Ms. Warren, Ms.
Cantwell, Ms. Hassan, Mr. Menendez, Mr. Markey, Mr. Peters, Mr. Wyden,
Ms. Klobuchar, Mr. Bennet, Ms. Stabenow, Ms. Harris, Mr. Van Hollen,
Mrs. Gillibrand, and Ms. Smith) introduced the following bill; which
was read twice and referred to the Committee on Health, Education,
Labor, and Pensions
_______________________________________________________________________
A BILL
To require group health plans and group or individual health insurance
coverage to provide coverage for over-the-counter contraceptives.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordability is Access Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to ensure timely access to affordable
birth control by requiring coverage without cost-sharing for oral birth
control for routine, daily use that is approved by, or otherwise
legally marketed under regulation by, the Food and Drug Administration
for use by women without a prescription.
SEC. 3. FINDINGS.
The Senate finds the following:
(1) Birth control is critical health care that almost all
women will use at some point in their lifetimes.
(2) Access to the full range of reproductive health care,
including birth control coverage as guaranteed under Federal
law, provides women with the opportunity to lead healthy lives
and get the care they need to reach their goals.
(3) Family planning has well-documented health benefits for
women, newborns, families, and communities and can lower the
risk of harm to maternal and infant health.
(4) An estimated 66,000,000 women of reproductive age (ages
15 through 44) live in the United States, of which nearly 70
percent are at risk of having an unintended pregnancy. Sixty
percent of women of reproductive age are using a contraceptive
method and 10 percent of women at risk for unintended pregnancy
are not using contraception. The rates of non-use of
contraception are highest among those between 15 and 19 years
old.
(5) The birth control benefit enacted under the Patient
Protection and Affordable Care Act (Public Law 111-148) has
been a crucial step forward in advancing access to birth
control and has helped ensure nearly 62,800,000 women have the
power to decide for themselves if and when to start a family.
(6) Despite legal requirements for birth control coverage
and access to services, gaps remain for millions of women. A
national survey found that 1 in 3 women have struggled to
afford birth control at some point in their lives, and as a
result, have used birth control inconsistently. Access to birth
control is particularly difficult for women who live in
contraceptive deserts and lack reasonable access to a health
center that offers the full range of contraceptive methods.
(7) Health disparities persist among low-income women,
women of color, and women who lack access to health coverage
and health care providers.
(8) There are numerous social and economic barriers that
make it harder to access birth control, including rising income
and wealth inequality, gaps in insurance coverage and
challenges accessing health providers.
(9) Leading health experts support over-the-counter birth
control pills.
SEC. 4. SENSE OF THE SENATE.
It is the sense of the Senate that--
(1) in order to increase women's access to oral birth
control, such birth control must be both easier to obtain and
affordable and, to make such birth control either easier to
obtain or more affordable, but not both, is to leave
unacceptable barriers in place for women;
(2) it is imperative that the entities that research and
develop oral birth control and whose medical and scientific
experts have developed clinical and other evidence that oral
birth control for routine, daily use is safe and effective for
women when sold without a prescription, apply to the Food and
Drug Administration for review and approval for sale of such
birth control without a prescription;
(3) upon the receipt of such an application, the Food and
Drug Administration should determine whether the oral birth
control meets the rigorous safety, efficacy, and quality
standards for over-the-counter use under the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), and if the
product meets those standards, the Food and Drug Administration
should approve the application without delay; and
(4) if and when the Food and Drug Administration approves
an oral birth control that is available over-the-counter, such
birth control should be covered by health insurance, without a
prescription and without cost-sharing.
SEC. 5. CLARIFYING COVERAGE REQUIREMENTS.
The Secretaries of Health and Human Services, Labor, and the
Treasury shall clarify that coverage of contraceptives pursuant to
section 2713(a)(4) of the Public Health Service Act (42 U.S.C. 300gg-
13(a)(4)) includes coverage of over-the-counter contraceptive methods
approved by the Food and Drug Administration, even if the enrollee does
not have a prescription for the contraceptive.
SEC. 6. RULES OF CONSTRUCTION.
(a) Non-Interference With FDA Regulation.--Nothing in this Act
shall be construed to modify or interfere with Food and Drug
Administration processes to review or approve, or otherwise determine
the safety and efficacy of, and make available, non-prescription drugs
or devices, modify or interfere with the scientific and medical
considerations of the Food and Drug Administration, or alter any other
authority of the Food and Drug Administration.
(b) Non-Preemption.--Nothing in this Act preempts any provision of
Federal or State law to the extent that such Federal or State law
provides protections for consumers that are greater than the
protections provided for in this Act.
SEC. 7. DUTIES OF RETAILERS TO ENSURE ACCESS TO ORAL BIRTH CONTROL FOR
USE WITHOUT A PRESCRIPTION.
(a) In General.--Any retailer that stocks oral birth control for
routine, daily use that is approved by, or otherwise legally marketed
under regulation by, the Food and Drug Administration for use without a
prescription may not interfere with an individual's access to or
purchase of such birth control or access to medically accurate,
comprehensive information about such birth control.
(b) Limitation.--Nothing in this section shall prohibit a retailer
that stocks oral birth control for routine, daily use from refusing to
provide an individual with such oral birth control that is approved by,
or otherwise legally marketed under regulation by, the Food and Drug
Administration if the individual is unable to pay for the birth
control, directly or through insurance coverage.
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