October 30, 2023

Wyden, Murray, Sanders, Baldwin Lead 44 Senators in Urging the Biden Administration to Require Insurers to Fully Cover Over-the-Counter Birth Control, With No Out-of-Pocket Costs or Prescription Barrier

More than two-thirds of voters across parties support birth control pills being sold over-the-counter

Washington, D.C. – U.S. Senators Ron Wyden (D-OR), Patty Murray (D-WA), Bernie Sanders (I-VT) and Tammy Baldwin (D-WI) led 44 of their Senate colleagues today in sending a letter urging the Biden Administration to require federally and state-regulated health insurance plans to fully cover over-the-counter contraceptives, including Opill—the first-ever FDA-approved over-the-counter birth control pill, which will become available in early 2024—with no copays or out of pocket costs, and without a prescription requirement.

“We urge you to improve health insurance coverage, both public and private, of the full range of FDA-approved, granted, or cleared contraceptive products—including birth control that is available over-the-counter (OTC) without requiring a prescription for coverage,” the senators wrote today in their letter to Department of Health and Human Services Secretary Xavier Becerra, Department of Treasury Secretary Janet Yellen, and the Department of Labor Acting Secretary Julie Su. “Over 19 million women live in counties with limited access to health care providers that offer comprehensive contraceptive services, and about one-third of women who have received prescription contraceptives have reported barriers to access. Expanding access to affordable coverage for eligible, uninsured populations would improve the quality of contraceptive care that patients receive.”

“The availability of safe and effective OTC birth control products has enormous potential to help people overcome significant barriers to consistent contraceptive use, including the many logistical and financial challenges to obtaining a prescription. The FDA’s approval of Opill is a milestone; however, for an OTC birth control pill to meet its potential and be truly accessible, federal departments must ensure that it is covered without cost-sharing and without the need for a prescription as a condition of coverage,” the senators continued.

“To expand access to affordable contraception, we urge the tri-departments to issue new guidance that reflects current HRSA guidelines and clarifies that federally and state-regulated private health plans must cover OTC contraceptive products without cost-sharing, including when purchased without a prescription… Given the increased need for access to contraception in the wake of the Dobbs decision, this issue is incredibly timely and important,” the senators wrote.

Dana Singiser, co-founder of the Contraceptive Access Initiative said: “It makes no sense to cover contraception when obtained with a prescription, and not cover it without—the enormous health benefits are the same. People should be able to use their insurance coverage for birth control pills whether they get it by prescription from a medical provider or whether they simply purchase it off the shelf at a pharmacy. I applaud Senators Murray, Baldwin, Sanders, and Wyden and their Senate colleagues for raising their collective voices to help ensure that over-the-counter contraception is financially accessible.”

In addition to Senators Wyden, Murray, Sanders and Baldwin, the letter was also signed by U.S. Senators Michael Bennet (D-CO), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Sherrod Brown (D-OH), Laphonza Butler (D-CA), Maria Cantwell (D-WA), Ben Cardin (D-MD), Tom Carper (D-DE), Bob Casey (D-PA), Chris Coons (D-DE), Catherine Cortez Masto (D-NV), Tammy Duckworth (D-IL), Richard Durbin (D-IL), John Fetterman (D-PA), Kirsten Gillibrand (D-NY), Maggie Hassan (D-NH), Martin Heinrich (D-NM), John Hickenlooper (D-CO), Mazie Hirono (D-HI), Tim Kaine (D-VA), Mark Kelly (D-AZ), Angus King (I-ME), Amy Klobuchar (D-MN), Ben Ray Lujan (D-NM), Ed Markey (D-MA), Robert Menendez (D-NJ), Jeff Merkley (D-OR), Chris Murphy (D-CT), Alex Padilla (D-CA), Gary Peters (D-MI), Jack Reed (D-RI), Jacky Rosen (D-NV), Brian Schatz (D-HI), Chuck Schumer (D-NY), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Debbie Stabenow (D-MI), Jon Tester (D-MT), Chris Van Hollen (D-MD), Mark Warner (D-VA), Raphael Warnock (D-GA), Elizabeth Warren (D-MA), Peter Welch (D-VT), and Sheldon Whitehouse (D-RI).

The senators’ entire letter is HERE.