Sens. Durbin, Duckworth ask Biden administration to require insurers to fully cover OTC birth control

This week, the U.S. senators from Illinois — Senate Majority Whip Dick Durbin, who is the chair of the Senate Judiciary Committee, and Sen. Tammy Duckworth — joined other senators in sending a letter urging the Biden administration to require federally and state-regulated health insurance plans to fully cover over-the-counter contraceptives with no copays or out-of-pocket costs and without a prescription requirement.

A news release from Durbin's office notes that the request includes coverage of Opill, the first-ever FDA-approved over-the-counter birth control pill, which will become available in early 2024.

In the letter, the senators said the availability of safe and effective over-the-counter birth control produces has "enormous potential to help people overcome significant barriers to consistent contraceptive use, including the many logistical and financial challenges to obtaining a prescription."

"The FDA's approval of Opill is a milestone; however, for an OTC birth control pill to meet its potential and be truly accessible, federal departments must ensure that it is covered without cost-sharing and without the need for a prescription as a condition of coverage," the letter reads in part.

Joining Durbin and Duckworth, who are both Democrats, in the letter were Sens. Patty Murray (D-WA), Bernie Sanders (I-VT), Ron Wyden (D-OR), and Tammy Baldwin (D-WI), and 42 other senators.

"We urge you to improve health insurance coverage, both public and private, of the full range of FDA-approved, granted, or cleared contraceptive products—including birth control that is available over-the-counter (OTC) without requiring a prescription for coverage," the letter to Department of Health and Human Services Secretary Xavier Becerra, Department of Treasury Secretary Janet Yellen, and the Department of Labor Acting Secretary Julie Su reads in part. "Over 19 million women live in counties with limited access to health care providers that offer comprehensive contraceptive services, and about one-third of women who have received prescription contraceptives have reported barriers to access. Expanding access to affordable coverage for eligible, uninsured populations would improve the quality of contraceptive care that patients receive."

The letter asks the Treasury, Human Services and Labor departments to issue new guidance that reflects current Health Resources and Services Administration guidelines and "clarifies that federally and state-regulated private health plans must cover OTC contraceptive products without cost-sharing, including when purchased without a prescription."

The senators pointed to the Supreme Court's decision last year in the case Dobbs v. Jackson Women's Health Organization that effectively overturned Roe v. Wade, making the right to abortion access up to each state, saying that decision makes the issue of access to contraception "incredibly timely and important."

Other senators who signed the letter include: Sens. Michael Bennet (D-CO), Richard Blumenthal (D-CT), Cory Booker (D-NJ), Sherrod Brown (D-OH), Laphonza Butler (D-CA), Maria Cantwell (D-WA), Benjamin Cardin (D-MD), Tom Carper (D-DE), Bob Casey (D-PA), Chris Coons (D-DE), Catherine Cortez Masto (D-NV), John Fetterman (D-PA), Kirsten Gillibrand (D-NY), Maggie Hassan (D-NH), Martin Heinrich (D-NM), John Hickenlooper (D-CO), Mazie Hirono (D-HI), Tim Kaine (D-VA), Mark Kelly (D-AZ), Angus King (I-VT), Amy Klobuchar (D-MN), Ben Ray Lujan (D-NM), Ed Markey (D-MA), Robert Menendez (D-NJ), Jeff Merkley (D-OR), Chris Murphy (D-CT), Alex Padilla (D-CA), Gary Peters (D-MI), Jack Reed (D-RI), Jacky Rosen (D-NV), Brian Schatz (D-HI), Chuck Schumer (D-NY), Jeanne Shaheen (D-NH), Tina Smith (D-MN), Debbie Stabenow (D-MI), Jon Tester (D-MT), Van Hollen (D-MD), Mark Warner (D-VA), Raphael Warnock (D-GA), Elizabeth Warren (D-MA), Peter Welch (D-VT), and Sheldon Whitehouse (D-RI).