Biden administration proposes free over-the-counter birth control

The Biden administration is proposing a rule that would provide women with private insurance access to over-the-counter birth control pills and other contraceptives at no cost, the White House said on Monday.

The rule, which expands a federal mandate requiring health insurers to cover preventative care services at no cost to patients under the Affordable Care Act, is being proposed by the Departments of Health and Human Services, Labor, and the Treasury and would come into effect in 2025 if finalised.

"This rule, once finalised, will expand contraception coverage for 52 million women of reproductive age with private health insurance," White House Gender Policy Council Director Jennifer Klein said during a briefing.

"For the first time ever, women would be able to obtain over-the-counter contraception without a prescription at no additional cost, and health plans would have to cover even more prescribed contraceptives without cost sharing," she said.

Perrigo Co's Opill is currently the only daily birth control pill approved for sale without a prescription by the US Food and Drug Administration, but the proposed rule covers other forms of over-the-counter contraceptives, including emergency contraception such as morning after pill Plan B, spermicides, birth control sponges, and condoms.

The rule will also require that health plans cover all FDA-approved contraceptive drugs and some devices, including IUDs, without cost sharing in many cases.

The rule will also require health plans to cover every FDA-approved contraceptive drug or drug-led combination product, such as IUDs, without cost sharing unless the plan also covers a therapeutic equivalent without cost sharing, and would require plans to disclose that OTC contraceptives are covered with cost sharing or a prescription.

The proposal comes just two weeks before the 2024 presidential election, in which abortion rights has been a key issue following the Supreme Court's decision to overturn Roe v Wade in 2022. Vice President Kamala Harris, the Democratic nominee, has made access to abortion central to her campaign.

Republican rival former President Donald Trump has bragged about appointing three of the conservative justices who made the ruling but has since said abortion laws should be determined by US states, stopping short of proposing a national ban that could imperil his chances with swing voters in the November election.