Will Americans Have Access To Free Over-The-Counter Birth Control?

Amid the ongoing reproductive rights debacle in the United States, President Joe Biden's administration proposed a rule that would provide women with private insurance access to acquire over-the-counter birth control drugs free of cost. Reuters reported on October 21 that the rule is being proposed by the Departments of Health and Human Services, Labor, and the Treasury and would come into effect in 2025 if finalised. It expands a federal mandate requiring health insurers to cover preventative care services at no cost to patients under the Affordable Care Act.

Free Birth Control For Americans

The USA is derided for its inequitable healthcare and restrictive reproductive rights. However, White House Gender Policy Council Director Jennifer Klein said that the new rule is likely to expand contraception coverage for 52 million women of reproductive age.

"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," Reuters quoted Klein as saying.

According to the agency, Perrigo Co's (PRGO.N) 'Opill' is currently the only daily birth control pill approved for sale without a prescription by the U.S. Food and Drug Administration. However, the proposed rule covers other forms of over-the-counter contraceptives. 

The White House representative said that the rule includes emergency contraception such as morning-after pill Plan B, and condoms. The rule also requires that health plans cover contraceptive devices, including IUDs, without cost sharing in many cases.

The proposal comes just days before the 2024 presidential election, in which reproductive rights have been a key issue. Vice President Kamala Harris, the Democratic nominee who could become the first woman President, has made access to abortion central to her campaign.

April 2024: Rule To Protect Privacy Of Women Seeking Abortion

announced a new rule to protect the privacy of women seeking legal abortions. The newly introduced rule supports the women who go out of their home state to have legal abortions despite the apprehension that they could be prosecuted upon return. "No one should have to live in fear that their conversations with their doctor or that their medical claims data might be used to target or track them," Melanie Fontes Rainer of the Office for Civil Rights told the media.

As the 2024 Presidential election in November inches closer, reproductive rights have taken centre stage following a pivotal court decision that abolished or severely curtailed legal abortion in 21 US states. Biden's new rule prohibits the disclosure of private medical information of individuals who seek reproductive health services.

Melanie Fontes Rainer announced that the new rule would protect the privacy and reproductive rights of women. She urged individuals to come forward and file complaints if they believe their safety is being violated. Abortion rights have been a bedrock of President Biden's campaign for reelection this year.

The Health and Human Services agency received almost 30,000 public comments before finalizing its new rule, which strengthens the Health Insurance Portability Act (HIPAA) of 1996. In 2022, conservative judges appointed by former President Donald Trump helped strike down the Roe v. Wade landmark judgement.

The legal precedent that upheld the constitutional right to abortion was taken down, sparking widespread outrage beyond the United States. Reports state that women in Republican-controlled states have since faced problems accessing reproductive care, including for non-viable pregnancies and even IVF treatment.

April 9, 2024: Arizona Reinstates Law Banning All Abortions

A few days before the announcement of Biden's new rule, the Supreme Court of Arizona State resurged an 1864 law, banning abortions across all stages of pregnancy, except for situations where a woman's life hangs in precarious balance. The court comprised entirely of Republican-appointed justices, voted 4-to-2 to uphold the law. 

The law, established in 1901, imposes a prison term of two to five years for abortion providers. With the recent ruling, Arizona joins the ranks of states with some of the strictest abortion laws in the nation, alongside states such as Texas, Alabama, and Mississippi. Justice John Lopez stressed the importance of legislative authority and constitutional responsibility in the court's ruling.