I 

116TH CONGRESS 

1ST SESSION H. R. 3296 

To require group health plans and group or individual health insurance 

coverage to provide coverage for over-the-counter contraceptives. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 14, 2019 

Ms. PRESSLEY (for herself, Ms. OCASIO-CORTEZ, Ms. HILL of California, Mr. 

BERA, and Ms. OMAR) introduced the following bill; which was referred 

to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, and Ways and Means, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To require group health plans and group or individual health 

insurance coverage to provide coverage for over-thecounter contraceptives. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Affordability is Access 

5 Act’’. 


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1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to ensure timely access 

3 to affordable birth control by requiring coverage without 

4 cost-sharing for oral birth control for routine, daily use 

5 that is approved by, or otherwise legally marketed under 

6 regulation by, the Food and Drug Administration for use 

7 by women without a prescription. 

8 SEC. 3. FINDINGS. 

9 The House of Representatives finds the following: 

10 (1) Birth control is critical health care that al11 most all women will use at some point in their life12 times. 

13 (2) Access to the full range of reproductive 

14 health care, including birth control coverage as guar15 anteed under Federal law, provides women with the 

16 opportunity to lead healthy lives and get the care 

17 they need to reach their goals. 

18 (3) Family planning has well-documented 

19 health benefits for women, newborns, families, and 

20 communities and can lower the risk of harm to ma21 ternal and infant health. 

22 (4) An estimated 66,000,000 women of repro23 ductive age (ages 15 through 44) live in the United 

24 States, of which nearly 70 percent are at risk of 

25 having an unintended pregnancy. Sixty percent of 

26 women of reproductive age are using a contraceptive 


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1 method and 10 percent of women at risk for unin2 tended pregnancy are not using contraception. The 

3 rates of non-use of contraception are highest among 

4 those between 15 and 19 years old. 

5 (5) The birth control benefit enacted under the 

6 Patient Protection and Affordable Care Act (Public 

7 Law 111–148) has been a crucial step forward in 

8 advancing access to birth control and has helped en9 sure nearly 62,800,000 women have the power to de10 cide for themselves if and when to start a family. 

11 (6) Despite legal requirements for birth control 

12 coverage and access to services, gaps remain for mil13 lions of women. A national survey found that 1 in 

14 3 women have struggled to afford birth control at 

15 some point in their lives, and as a result, have used 

16 birth control inconsistently. Access to birth control is 

17 particularly difficult for women who live in contra18 ceptive deserts and lack reasonable access to a 

19 health center that offers the full range of contracep20 tive methods. 

21 (7) Health disparities persist among low-income 

22 women, women of color, and women who lack access 

23 to health coverage and health care providers. 

24 (8) There are numerous social and economic 

25 barriers that make it harder to access birth control, 


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1 including rising income and wealth inequality, gaps 

2 in insurance coverage and challenges accessing 

3 health providers. 

4 (9) Leading health experts support over-the5 counter birth control pills. 

6 SEC. 4. SENSE OF THE HOUSE OF REPRESENTATIVES. 

7 It is the sense of the House of Representatives that— 

8 (1) in order to increase women’s access to oral 

9 birth control, it must be both easier to obtain and 

10 affordable and, to make it either easier to obtain or 

11 more affordable, but not both, is to leave unaccept12 able barriers in place for women; 

13 (2) it is imperative that the entities that re14 search and develop oral birth control and whose 

15 medical and scientific experts have developed clinical 

16 and other evidence that oral birth control for rou17 tine, daily use is safe and effective for women when 

18 sold without a prescription, apply to the Food and 

19 Drug Administration for review and approval for 

20 sale of such birth control without a prescription; 

21 (3) upon the receipt of such an application, the 

22 Food and Drug Administration should determine 

23 whether the oral birth control meets the rigorous 

24 safety, efficacy, and quality standards for over-the25 counter use under the Federal Food, Drug, and CosVerDate Sep 11 2014 04:25 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3296.IH H3296

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1 metic Act (21 U.S.C. 301 et seq.), and if the prod2 uct meets those standards, the Food and Drug Ad3 ministration should approve the application without 

4 delay; and 

5 (4) if and when the Food and Drug Adminis6 tration approves an oral birth control that is avail7 able over-the-counter, such birth control should be 

8 covered by health insurance, without a prescription 

9 and without cost-sharing. 

10 SEC. 5. CLARIFYING COVERAGE REQUIREMENTS. 

11 The Secretaries of Health and Human Services, 

12 Labor, and the Treasury shall clarify that coverage of con13 traceptives pursuant to section 2713(a)(4) of the Public 

14 Health Service Act (42 U.S.C. 300gg–13(a)(4)) includes 

15 coverage of over-the-counter contraceptive methods ap16 proved by the Food and Drug Administration, even if the 

17 enrollee does not have a prescription for the contraceptive. 

18 SEC. 6. RULES OF CONSTRUCTION. 

19 (a) NON-INTERFERENCE WITH FDA REGULA20 TION.—Nothing in this Act (or the amendment made by 

21 this Act) shall be construed to modify or interfere with 

22 Food and Drug Administration processes to review or ap23 prove, or otherwise determine the safety and efficacy of, 

24 and make available, non-prescription drugs or devices, 

25 modify or interfere with the scientific and medical considVerDate Sep 11 2014 04:25 Jun 18, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3296.IH H3296

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1 erations of the Food and Drug Administration, or alter 

2 any other authority of the Food and Drug Administration. 

3 (b) NON-PREEMPTION.—Nothing in this Act (or the 

4 amendment made by this Act) preempts any provision of 

5 Federal or State law to the extent that such Federal or 

6 State law provides protections for consumers that are 

7 greater than the protections provided for in this Act. 

8 SEC. 7. DUTIES OF RETAILERS TO ENSURE ACCESS TO 

9 ORAL BIRTH CONTROL FOR USE WITHOUT A 

10 PRESCRIPTION. 

11 (a) IN GENERAL.—Any retailer that stocks oral birth 

12 control for routine, daily use that is approved by, or other13 wise legally marketed under regulation by, the Food and 

14 Drug Administration for use without a prescription may 

15 not interfere with an individual’s access to or purchase 

16 of such birth control or access to medically accurate, com17 prehensive information about such birth control. 

18 (b) LIMITATION.—Nothing in this section shall pro19 hibit a retailer that stocks oral birth control for routine, 

20 daily use from refusing to provide an individual with such 

21 oral birth control that is approved by, or otherwise legally 

22 marketed under regulation by, the Food and Drug Admin23 istration if the individual is unable to pay for the birth 

24 control, directly or through insurance coverage. 

Æ 


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