Pa. House approves bill for contraceptive care, sends measure to Senate

HARRISBURG — A bipartisan vote Tuesday in the Pennsylvania House of Representatives approved legislation that would protect access to contraceptives and require coverage by health insurers.

House Bill 1140, proposed as the Contraceptive Access for All Act, passed 133-69 with 101 Democrats and 32 Republicans voting in favor. The measure now advances to the state Senate. If approved without amendment by the upper chamber, it'd move to the desk of Gov. Josh Shapiro to be signed into law.

The legislation seeks to mandate insurance coverage for prescribed contraceptive care without cost-sharing for patients. 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.

One Democrat, Rep. Frank Burns of Cambria County, broke from his caucus and voted in opposition. He was joined in by 68 Republicans including Rep. David Rowe, R-Snyder/Union/Juniata/Mifflin, and many other Republicans who voted favorably on the committee level as the bill advanced through Appropriations, Insurance and Rules without a single opposition vote from either caucus.

The bill was gutted and replaced in the Insurance Committee with negotiated language in a compromise to move the legislation forward. It wasn't amended again prior to Tuesday's floor vote.

The updated terms include 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 certain medical conditions.

Rowe was supportive of the measure after it was amended, however, he said Tuesday that concerns have since been raised about certain birth control tablets and the potential risk of triggering life-threatening ectopic pregnancies. He said he hadn't fully vetted the subject because of the hectic nature of the House at the moment — budget negotiations and a bevy of bill votes and committee meetings — but ultimately chose to cast a negative vote.

Rep. Leanne Krueger, D-Delaware, the bill's primary sponsor, touted the bipartisan support for the bill and, more than that, its intent to codify access to contraceptive care into state law.

Contraception isn't exclusively prescribed for preventing pregnancies. It's also used to treat multiple medical conditions such as endometriosis, severe acne and pelvic inflammatory disease.

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