Biden administration proposes rule on contraceptive access

The White House on Monday rolled out a proposal for a new federal rule that would make it easier for 52 million women to access contraceptives, including emergency contraceptives or morning-after pills. The administration called it the biggest expansion of contraceptive access since the Obama administration in 2012 ordered health insurance plans to cover contraceptives in at least some capacity.

What exactly is the administration doing to expand contraceptive access? The proposed rules would require health insurance providers to pay for over-the-counter contraceptives like condoms and birth control pills at no additional cost, the White House said. It would also require private health insurance providers to explain to women how they can obtain contraceptives. The administration’s proposed rule also seeks to make it cheaper for women to obtain contraceptives that a doctor prescribes.

Why is the administration doing this? The administration argued that contraception has become more important since the Supreme Court’s recent Dobbs v. Jackson decision in 2022. In Dobbs, the Supreme Court found that the U.S. Constitution did not grant women the legal right to abort an unborn child, and overturned its Roe v. Wade decision. The Court determined that each state should decide for itself the degree to which it would protect unborn babies inside its borders.

How have Republicans responded to Democratic policy on contraceptives? In voting down a contraceptives bill earlier this summer, 21 Republican senators led by Florida’s Rick Scott accused Democrats of misleading the public. “There is no threat to access to contraception, which is legal in every state and required by law to be offered at no cost by health insurers, and it’s disgusting that Democrats are fearmongering on this important issue to score cheap political points,” the group wrote.

Is this expanding access to contraceptives a safe thing to do? The Department of Health and Human Services urges women to talk with a doctor before making decisions about using contraceptives. The National Institutes of Health also notes that all forms of contraceptives carry at least some risks. The Ethics and Religious Liberty Commission noted in 2022 that most Christians generally support certain forms of contraceptive use.

Dig deeper: Read Travis Kircher’s report in The Sift about how a bill aiming to establish a right to contraceptives failed in the Senate earlier this year.