Pa. House advances bill to require insurance coverage of contraceptives

HARRISBURG — Members of the Pennsylvania House voted this week to approve legislation that, if enacted into law, would require health insurers, including plans under Medicaid and CHIP, to cover contraceptives.

State representatives voted 116-87 to approve House Bill 1140, the second consecutive year the proposal cleared the lower chamber. It now moves to the state Senate where the prior version expired last year at the committee level without being brought to a vote.

Introduced by Rep. Leanne Krueger, D-Delaware, the bill would mandate insurance coverage for prescribed contraceptive care without cost-sharing for patients, including those on Medicaid and CHIP. Coverage would include an initial three-month prescription and a 12-month refill.

Any drug or device approved by the Food and Drug Administration, with the exception of male condoms, would be covered, including over-the-counter emergency and oral contraceptives for which a standing order from the Secretary of Health or the Physician General is authorized in the bill.

Coverage would also apply to procedures for voluntary male and female sterilization, but wouldn't be guaranteed for out-of-network care.

"Simply put, this bill protects and codifies access to contraceptives here in Pennsylvania," Krueger said during floor remarks ahead of the vote, noting how at the federal level policy control over abortions and contraception is shifting to the states.

"There are currently no protections in state law for contraceptive access and we need to make sure that Pennsylvanians have access to the medications they need," she said.

Non-compliance would carry a risk of fines from $5,000 to $10,000 with single-year limits of $500,000 against insurers and $100,000 against others. A fiscal note prepared for the bill says that because insurers are presently required to cover primary and preventive care services, the inclusion of contraceptive care would bring no additional cost to the commonwealth.

As was the case in last year's version, the bill proposes a religious exemption for entities covered under the Religious Freedom Protection Act and federal law on the grounds of religious or moral exemption, including churches and non-profits.

The exemption wouldn't apply for coverage when medication, devices or products are used for purposes other than contraception such as treating medical conditions like excessive bleeding and pain with menstrual periods and certain gynecological disorders.

"When we make policy in this building, it really shouldn't matter why an individual requests contraceptive care from their doctors. Contraceptive care is health care, plain and simple," Krueger said.

This week's vote on House Bill 1140 saw 15 Republicans join all but one Democrat in support. Rep. Frank Burns, D-Cambria, voted in opposition as he had last year, too.

Fewer Republicans voted favorably this year. In 2024, 32 Republicans voted with 101 Democrats to advance the measure.