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New Legislation Would Build on Contraceptive Coverage Access in Affordable Care Act and Make Sure Insurance Companies Cover Over-the-Counter Daily Birth Control Pills Without A Prescription

June 9, 2015 - Washington, D.C. – U.S. Senator Barbara Boxer (D-CA) today joined Senator Patty Murray (D-WA), Ranking Member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, and 28 colleagues to introduce the Affordability is Access Act – legislation to build on contraception coverage access in the Affordable Care Act by ensuring that when the FDA approves birth control pills for over the counter use, they will be Barbara Boxercovered without cost sharing and without the need for a prescription. The legislation would help expand women’s access to affordable birth control while maintaining the FDA’s sole authority to determine the safety and quality of drugs.

“While the GOP tries to increase birth control costs for women, we are introducing a plan that expands free access to contraceptives,” Senator Boxer said.

“I believe strongly that women should be able to get the comprehensive health care they need, when they need it—without being charged extra, without asking permission, and without politicians interfering,”said Senator Murray. “I’m proud to be fighting for the Affordability is Access Act, which would help make sure women can have safe, convenient, over-the-counter access to birth control without being forced to pay extra on top of their insurance.”

Specifically, the Affordability is Access Act:

  • Ensures coverage of comprehensive preventive health services and expands coverage to include full access to oral contraception for routine, daily over-the-counter use for all women. All private health insurance plans are now required to cover all U.S. Food and Drug Administration (FDA)-approved methods of contraception. The Act would ensure coverage of all oral contraception that the FDA has approved or regulated for routine, daily use without a prescription.
  • Maintains the FDA’s sole authority to determine the safety, quality, and efficacy of drugs and make them available over-the-counter without a prescription. It is imperative that the entities that research and develop oral contraceptives, and whose medical and scientific experts have developed clinical and other evidence that birth control pills are safe and effective for women when sold without a prescription, apply to the FDA for review and approval for sale without a prescription.
  • Upon the receipt of such an application, the FDA must determine whether the contraceptive product meets the rigorous safety, efficacy, and quality standards for over-the-counter use, as established by the agency Federal Food, Drug, and Cosmetic Act. If the product meets such these standards, the FDA should approve the application without delay.
  • Ensures Retailers Provide Oral Contraception without a Prescription. The Act states that any retailer that stocks oral contraception that the FDA has approved or regulated for routine, daily use without a prescription may not interfere with a consumer’s access to or purchase of such contraception.
The bill is cosponsored by Senators Jeanne Shaheen (D-NH), Harry Reid (D-NV), Richard Blumenthal (D-CT), Tammy Baldwin (D-WI), Michael Bennet (D-CO), Cory Booker (D-NJ), Sherrod Brown (D-OH), Ben Cardin (D-MD), Dick Durbin (D-IL), Dianne Feinstein (D-CA), Kirsten Gillibrand (D-NY),  Mazie Hirono (D-HI), Tim Kaine (D-VA),  Patrick Leahy (D-VT), Jeff Merkley (D-OR),  Barbara Mikulski (D-MD), Bernie Sanders (I-VT),  Brian Schatz (D-HI), Chuck Schumer (D-NY), Al Franken (D-MN),  Ron Wyden (D-OR), Maria Cantwell (D-WA),  Debbie Stabenow (D-MI),  Amy Klobuchar (D-MN), Martin Heinrich (D-NM), Claire McCaskill (D-MO), Chris Murphy (D-CT) and Elizabeth Warren (D-MA).