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Biden-Harris Administration Proposes Free Over-The-Counter Contraceptives

President Joe Biden speaks before signing an executive order to safeguard women’s access to abortion and contraception after the Supreme Court overturned Roe v. Wade at the White House in Washington, D.C, July 8, 2022. (Kevin Lamarque/Reuters)

The Biden-Harris administration proposed a rule on Monday that would make over-the-counter birth control free for Americans with health insurance.

“Under the proposed rule, for the first time, women would be able to obtain over-the-counter (OTC) contraception without a prescription at no additional cost,” a White House brief says. The contraceptive products would include condoms, spermicides, intrauterine devices, birth control sponges, Plan B, and other emergency options.

If passed, the proposal would also mandate that most private health plans disclose that they cover over-the-counter contraception.

“This proposed rule, if finalized, would be the most significant expansion of contraception coverage under the Affordable Care Act since 2012, when contraception was first required to be covered,” the White House added.

The Affordable Care Act moved to make birth control a copay-free option for people with insurance. Opill, the first over-the-counter birth control pill to be approved by the FDA, became available for online purchase in March.

If secured, the federal mandate requiring insurance companies to foot the bill for these products would take effect in 2025, although a Donald Trump victory could jeopardize its implementation.

“This rule, once finalized, will expand contraception coverage for 52 million women of reproductive age with private health insurance,” said Jennifer Klein, the White House’s gender policy council director.

Democrats have made abortion, contraception access, and other women’s issues focal points of their 2024 presidential campaign messaging.

“The Vice President has led the White House’s efforts to partner with leaders on the frontlines of protecting access to abortion, highlighting the harm of abortion bans to women’s health at more than 100 events in more than 20 states since Roe v. Wade was overturned, and meeting with hundreds of  state legislators, health care providers, and advocates,” the White House stated. “On what would have been the 51st anniversary of Roe v. Wade, the Vice President launched a nationwide Fight for Reproductive Freedoms tour to continue fighting back against extreme attacks throughout America.”

Alex Welz is a 2024 fall College Fix Fellow at National Review. He holds a BA in intelligence studies from Mercyhurst University and recently completed his master’s degree in national security at the University of Haifa’s International School in Israel.
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