[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4347 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4347

To require group health plans and group or individual health insurance 
   coverage to provide coverage for over-the-counter contraceptives.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2022

Mrs. Murray (for herself, Ms. Hirono, Ms. Cortez Masto, Mr. Brown, Ms. 
 Baldwin, Mr. Reed, Mr. Schatz, Mr. Blumenthal, Mr. Markey, Ms. Smith, 
 Mr. Menendez, Mr. Kaine, Mr. Merkley, Mr. Sanders, Ms. Cantwell, Mr. 
 Whitehouse, Mrs. Gillibrand, Mr. Heinrich, Ms. Klobuchar, Mr. Wyden, 
  Ms. Stabenow, Mr. Booker, Ms. Rosen, Ms. Warren, Mrs. Shaheen, Ms. 
 Duckworth, Ms. Hassan, Mr. Bennet, and Mrs. Feinstein) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To require group health plans and group or individual health insurance 
   coverage to provide coverage for over-the-counter contraceptives.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Affordability is Access Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to ensure timely access to affordable 
birth control by requiring coverage without cost-sharing for oral birth 
control for routine, daily use that is approved by, or otherwise 
legally marketed under regulation by, the Food and Drug Administration 
for use without a prescription.

SEC. 3. FINDINGS.

    The Senate finds the following:
            (1) Birth control is critical health care that almost all 
        women will use at some point in their lifetimes.
            (2) Access to the full range of reproductive health care, 
        including birth control coverage as guaranteed under Federal 
        law, provides people with the opportunity to lead healthy lives 
        and get the care they need to reach their goals.
            (3) Family planning has well-documented health benefits for 
        women, newborns, families, and communities and can lower the 
        risk of harm to maternal and infant health.
            (4) An estimated 72,000,000 women of reproductive age (ages 
        15 through 44) live in the United States, of which nearly 70 
        percent are at risk of having an unintended pregnancy. Sixty-
        five percent of women of reproductive age are using a 
        contraceptive method and 12 percent of women at risk for 
        unintended pregnancy are not using contraception. The rates of 
        non-use of contraception are highest among those between 15 and 
        19 years old.
            (5) The birth control benefit enacted under the Patient 
        Protection and Affordable Care Act (Public Law 111-148) has 
        been a crucial step forward in advancing access to birth 
        control and has helped ensure 62,100,000 women have the power 
        to decide for themselves if and when to start a family.
            (6) Despite legal requirements for birth control coverage 
        and access to services, gaps remain for millions of people. A 
        national survey found that 1 in 3 women have struggled to 
        afford birth control at some point in their lives, and as a 
        result, have used birth control inconsistently. Access to birth 
        control is particularly difficult for people who live in 
        contraceptive deserts and lack reasonable access to a health 
        center that offers the full range of contraceptive methods.
            (7) Health disparities persist among people with low 
        incomes, people of color, LGBTQ people, immigrants, and people 
        who lack access to health coverage and health care providers.
            (8) There are numerous social and economic barriers that 
        make it harder to access birth control, including rising income 
        and wealth inequality, gaps in insurance coverage and 
        challenges accessing health providers.
            (9) Leading health experts support over-the-counter birth 
        control pills.

SEC. 4. SENSE OF THE SENATE.

    It is the sense of the Senate that--
            (1) in order to increase access to oral birth control, such 
        birth control must be both easier to obtain and affordable and, 
        to make such birth control either easier to obtain or more 
        affordable, but not both, is to leave unacceptable barriers in 
        place;
            (2) it is imperative that the entities that research and 
        develop oral birth control and whose medical and scientific 
        experts have developed clinical and other evidence that oral 
        birth control for routine, daily use is safe and effective when 
        sold without a prescription, apply to the Food and Drug 
        Administration for review and approval for sale of such birth 
        control without a prescription;
            (3) upon the receipt of such an application, the Food and 
        Drug Administration should determine whether the oral birth 
        control meets the rigorous safety, efficacy, and quality 
        standards for over-the-counter use under the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), and if the 
        product meets those standards, the Food and Drug Administration 
        should approve the application without delay; and
            (4) if and when the Food and Drug Administration approves 
        an oral birth control that is available over-the-counter, such 
        birth control should be covered by health insurance, without a 
        prescription and without cost-sharing.

SEC. 5. CLARIFYING COVERAGE REQUIREMENTS.

    The Secretaries of Health and Human Services, Labor, and the 
Treasury shall clarify that coverage of contraceptives pursuant to 
section 2713(a)(4) of the Public Health Service Act (42 U.S.C. 300gg-
13(a)(4)) includes coverage of over-the-counter contraceptive methods 
approved by the Food and Drug Administration, even if the enrollee does 
not have a prescription for the contraceptive.

SEC. 6. RULES OF CONSTRUCTION.

    (a) Non-Interference With FDA Regulation.--Nothing in this Act 
shall be construed to modify or interfere with Food and Drug 
Administration processes to review or approve, or otherwise determine 
the safety and efficacy of, and make available, non-prescription drugs 
or devices, modify or interfere with the scientific and medical 
considerations of the Food and Drug Administration, or alter any other 
authority of the Food and Drug Administration.
    (b) Non-Preemption.--Nothing in this Act preempts any provision of 
Federal or State law to the extent that such Federal or State law 
provides protections for consumers that are greater than the 
protections provided for in this Act.

SEC. 7. DUTIES OF RETAILERS TO ENSURE ACCESS TO ORAL BIRTH CONTROL FOR 
              USE WITHOUT A PRESCRIPTION.

    (a) In General.--Any retailer that stocks oral birth control for 
routine, daily use that is approved by, or otherwise legally marketed 
under regulation by, the Food and Drug Administration for use without a 
prescription may not interfere with an individual's access to or 
purchase of such birth control or access to medically accurate, 
comprehensive information about such birth control.
    (b) Limitation.--Nothing in this section shall prohibit a retailer 
that stocks oral birth control for routine, daily use from refusing to 
provide an individual with such oral birth control that is approved by, 
or otherwise legally marketed under regulation by, the Food and Drug 
Administration if the individual is unable to pay for the birth 
control, directly or through insurance coverage.
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