House Democrats push White House on easing free contraceptive access

Democrats on the House Oversight and Accountability Committee are pressing the Biden administration to go further to ensure that patients have easier access to more free contraception. 

An analysis released Friday from ranking member Rep. Jamie Raskin’s (D-Md.) staff is the latest instance of Democrats in the House and Senate urging the White House to change agency guidance so more types of birth control are more easily accessible.  

Under the Affordable Care Act (ACA), contraceptive products that a patient’s health care provider deems medically appropriate should be made available to that patient at no cost.   

Democratic staff found that 49 million women would benefit if the departments of Health and Human Services, Treasury and Labor change guidance to clarify that FDA-approved contraceptives without an equivalent should be covered without cost sharing in all plans or formularies. 

Such a move would allow health plans and pharmacy benefit managers (PBMs) to prioritize the use of generic pharmaceuticals where possible, while ensuring that patients have access without cost sharing to products that do not yet have a generic version. 

The report follows a committee analysis from last year that found some of the nation’s largest insurers and PBMs impose coverage exclusions and other restrictions on birth control products, contrary to the ACA.  

In all 50 states, the ACA guarantees coverage of women’s preventive services, including free birth control and contraceptive counseling. There are 18 contraceptive methods approved by the Food and Drug Administration, but the law requires insurers to cover only one product per category. 

“As Republicans fight for a nationwide criminal abortion ban, the Biden-Harris administration has taken bold steps to guarantee women’s access to contraception,” Raskin said in a statement. 

“The administration can build on its success to break down remaining financial barriers for women seeking access to the reproductive care they need.”