I 
109TH CONGRESS 
1ST SESSION H. R. 1709 
To expand access to preventive health care services that help reduce unin-
tended pregnancy, reduce the number of abortions, and improve access 
to women’s health care. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 19, 2005 
Ms. SLAUGHTER (for herself, Mr. SIMMONS, Ms. DEGETTE, and Mrs. JOHN-
SON of Connecticut) introduced the following bill; which was referred to 
the Committee on Energy and Commerce, and in addition to the Commit-
tees on Education and the Workforce and Ways and Means, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To expand access to preventive health care services that 
help reduce unintended pregnancy, reduce the number 
of abortions, and improve access to women’s health care. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Prevention First Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
TITLE I—TITLE X OF PUBLIC HEALTH SERVICE ACT 
Sec. 101. Short title. 
Sec. 102. Authorization of appropriations. 
TITLE II—FAMILY PLANNING STATE EMPOWERMENT 
Sec. 201. Short title. 
Sec. 202. State option to provide family planning services and supplies to addi-
tional low-income individuals. 
Sec. 203. State option to extend the period of eligibility for provision of family 
planning services and supplies. 
TITLE III—EQUITY IN PRESCRIPTION INSURANCE AND 
CONTRACEPTIVE COVERAGE 
Sec. 301. Short title. 
Sec. 302. Amendments to Employee Retirement Income Security Act of 1974. 
Sec. 303. Amendments to Public Health Service Act relating to the group mar-
ket. 
Sec. 304. Amendment to Public Health Service Act relating to the individual 
market. 
TITLE IV—EMERGENCY CONTRACEPTION EDUCATION AND 
INFORMATION 
Sec. 401. Short title. 
Sec. 402. Emergency contraception education and information programs. 
TITLE V—COMPASSIONATE ASSISTANCE FOR RAPE 
EMERGENCIES 
Sec. 501. Short title. 
Sec. 502. Survivors of sexual assault; provision by hospitals of emergency con-
traceptives without charge. 
TITLE VI—TEENAGE PREGNANCY PREVENTION 
Sec. 601. Short title. 
Sec. 602. Teenage pregnancy prevention. 
TITLE VII—ACCURACY OF CONTRACEPTIVE INFORMATION 
Sec. 701. Short title. 
Sec. 702. Accuracy of contraceptive information. 
SEC. 2. FINDINGS. 
The Congress finds as follows: 
(1) Although the Centers for Disease Control 
and Prevention (referred to in this section as the 
‘‘CDC’’) included family planning in its published
list of the Ten Great Public Health Achievements in 
the 20th Century, the United States still has one of 
the highest rates of unintended pregnancies among 
industrialized nations. 
(2) Each year, 3,000,000 pregnancies, nearly 
half of all pregnancies, in the United States are un-
intended, and nearly half of unintended pregnancies 
end in abortion. 
(3) In 2002, 34,000,000 women—half of all 
women of reproductive age (ages 15–44)—were in 
need of contraceptive services and supplies to help 
prevent unintended pregnancy, and half of those 
were in need of public support for such care. 
(4) The United States also has the highest rate 
of infection with sexually transmitted diseases of any 
industrialized country. In 2003 there were approxi-
mately 19,000,000 new cases of sexually transmitted 
diseases. According to the CDC (November 2004), 
these sexually transmitted diseases impose a tremen-
dous economic burden with direct medical costs as 
high as $15,500,000,000 per year. 
(5) Increasing access to family planning serv-
ices will improve women’s health and reduce the 
rates of unintended pregnancy, abortion, and infec-
tion with sexually transmitted diseases. Contracep-
tive use saves public health dollars. Every dollar 
spent on providing family planning services saves an 
estimated $3 in expenditures for pregnancy-related 
and newborn care for Medicaid alone. 
(6) Contraception is basic health care that im-
proves the health of women and children by enabling 
women to plan and space births. 
(7) Women experiencing unintended pregnancy 
are at greater risk for physical abuse and women 
having closely spaced births are at greater risk of 
maternal death. 
(8) The child born from an unintended preg-
nancy is at greater risk of low birth weight, dying 
in the first year of life, being abused, and not receiv-
ing sufficient resources for healthy development. 
(9) The ability to control fertility also allows 
couples to achieve economic stability by facilitating 
greater educational achievement and participation in 
the workforce. 
(10) The average American woman desires two 
children and spends five years of her life pregnant 
or trying to get pregnant and roughly 30 years try-
ing to prevent pregnancy. Without contraception, a 
sexually active woman has an 85 percent chance of 
becoming pregnant within a year.
(11) The percentage of sexually active women 
ages 15 through 44 who were not using contracep-
tion increased from 5.4 percent to 7.4 percent in 
2002, an increase of 37 percent, according to the 
CDC. This represents an apparent increase of 
1,430,000 women and could raise the rate of unin-
tended pregnancy. 
(12) Many poor and low-income women cannot 
afford to purchase contraceptive services and sup-
plies on their own. 12,100,000 or 20 percent of all 
women ages 15 through 24 were uninsured in 2002, 
and that proportion has increased by 10 percent 
since 1999. 
(13) Public health programs like Medicaid and 
title X (of the Public Health Service Act), the na-
tional family planning program, provide high-quality 
family planning services and other preventive health 
care to underinsured or uninsured individuals who 
may otherwise lack access to health care. 
(14) Medicaid is the single largest source of 
public funding for family planning services and HIV/ 
AIDS care in the United States. Half of all public 
dollars spent on contraceptive services and supplies 
in the United States are provided through Medicaid 
and approximately 5,500,000 women of reproductive
age—nearly one in 10 women between the ages of 
15 and 44—rely on Medicaid for their basic health 
care needs. 
(15) Each year, title X services enable Ameri-
cans to prevent approximately 1,000,000 unintended 
pregnancies, and one in three women of reproductive 
age who obtains testing or treatment for sexually 
transmitted diseases does so at a title X-funded clin-
ic. 
In 
2003, 
title 
X-funded 
clinics 
provided 
2,800,000 Pap tests, 5,100,000 sexually transmitted 
disease tests, and 526,000 HIV tests. 
(16) The increasing number of uninsured, stag-
nant funding, health care inflation, new and expen-
sive contraceptive technologies, and improved but ex-
pensive screening and treatment for cervical cancer 
and sexually transmitted diseases, have diminished 
the ability of title X funded clinics to adequately 
serve all those in need. Taking inflation into ac-
count, funding for the title X program declined by 
58 percent between 1980 and 2003. 
(17) While Medicaid remains the largest source 
of subsidized family planning services, States are 
facing significant budgetary pressures to cut their 
Medicaid programs, putting many women at risk of 
losing coverage for family planning services.
(18) In addition, eligibility for Medicaid in 
many States is severely restricted leaving family 
planning services financially out of reach for many 
poor women. Many States have demonstrated tre-
mendous success with Medicaid family planning 
waivers that allow them to expand access to Med-
icaid family planning services. However, the admin-
istrative burden of applying for a waiver poses a sig-
nificant barrier to States that would like to expand 
their coverage of family planning programs through 
Medicaid. 
(19) As of January of 2005, 21 States offered 
expanded family planning benefits as a result of 
Medicaid family planning waivers. The cost-effective-
ness of these waivers was affirmed by a recent eval-
uation funded by the Centers for Medicare & Med-
icaid. This evaluation of six waivers found that all 
such programs resulted in significant savings to both 
the Federal and State governments. Moreover, the 
researchers found measurable reductions in unin-
tended pregnancy. 
(20) Although employer-sponsored health plans 
have improved coverage of contraceptive services and 
supplies, largely in response to State contraceptive 
coverage laws, there is still significant room for im-
provement. The ongoing lack of coverage in health 
insurance plans, particularly in self-insured and indi-
vidual plans, continues to place effective forms of 
contraception beyond the financial reach of many 
women. 
(21) Including contraceptive coverage in private 
health care plans saves employers money. Not cov-
ering contraceptives in employee health plans costs 
employers 15 to 17 percent more than providing 
such coverage. 
(22) Approved for use by the Food and Drug 
Administration, emergency contraception is a safe 
and effective way to prevent unintended pregnancy 
after unprotected sex. It is estimated that the use of 
emergency contraception could cut the number of 
unintended pregnancies in half, thereby reducing the 
need for abortion. New research confirms that easier 
access to emergency contraceptives does not increase 
sexual risk-taking or sexually transmitted diseases. 
(23) In 2000, 51,000 abortions were prevented 
by the use of emergency contraception. Increased 
use of emergency contraception accounted for up to 
43 percent of the total decline in abortions between 
1994 and 2000.
(24) A February 2004 CDC study of declining 
birth and pregnancy rates among teens concluded 
that the reduction in teen pregnancy between 1991 
and 2001 suggests that increased abstinence and in-
creased use of contraceptives were equally respon-
sible for the decline. As such, it is critically impor-
tant that teens receive accurate, unbiased informa-
tion about contraception. 
(25) Thirteen percent of all teens give birth be-
fore age 20. 88 percent of births to teens age 17 or 
younger were unintended. 24 percent of Hispanic fe-
males gave birth before the age of 20. (CDC, De-
cember 2004.) 
(26) The American Medical Association, the 
American Nurses Association, the American Acad-
emy of Pediatrics, the American College of Obstetri-
cians and Gynecologists, the American Public Health 
Association, and the Society for Adolescent Medi-
cine, support responsible sexuality education that in-
cludes information about both abstinence and con-
traception. 
(27) Teens who receive sex education that in-
cludes discussion of contraception are more likely 
than those who receive abstinence-only messages to
delay sex and to have fewer partners and use contra-
ceptives when they do become sexually active. 
(28) Government-funded abstinence only pro-
grams are precluded from discussing contraception 
except to talk about failure rates. A December 2004 
review of federally-funded abstinence-only programs 
by the United States House of Representatives Com-
mittee on Government Reform (Minority Staff) 
found that many federally funded abstinence-only 
program curricula distort public health data and 
misrepresent the effectiveness of contraception. In-
formation on the effectiveness of condoms, in pre-
venting pregnancy and sexually transmitted diseases, 
including HIV, was often highly inaccurate. 
TITLE I—TITLE X OF PUBLIC 
HEALTH SERVICE ACT 
SEC. 101. SHORT TITLE. 
This Act may be cited as the ‘‘Title X Family Plan-
ning Services Act of 2005’’. 
SEC. 102. AUTHORIZATION OF APPROPRIATIONS. 
For the purpose of making grants and contracts 
under section 1001 of the Public Health Service Act, there 
are authorized to be appropriated $643,000,000 for fiscal 
year 2006, and such sums as may be necessary for each 
subsequent fiscal year.
TITLE II—FAMILY PLANNING 
STATE EMPOWERMENT 
SEC. 201. SHORT TITLE. 
This Act may be cited as the ‘‘Family Planning State 
Empowerment Act’’. 
SEC. 202. STATE OPTION TO PROVIDE FAMILY PLANNING 
SERVICES AND SUPPLIES TO ADDITIONAL 
LOW-INCOME INDIVIDUALS. 
(a) IN GENERAL.—Title XIX of the Social Security 
Act (42 U.S.C. 1396 et seq.) is amended— 
(1) by redesignating section 1936 as section 
1937; and 
(2) by inserting after section 1935 the fol-
lowing: 
‘‘STATE OPTION TO PROVIDE FAMILY PLANNING SERV-
ICES AND SUPPLIES TO ADDITIONAL LOW-INCOME 
INDIVIDUALS 
‘‘SEC. 1936. (a) IN GENERAL.—A State may elect 
(through a State plan amendment) to make medical assist-
ance described in section 1905(a)(4)(C) available to any 
individual not otherwise eligible for such assistance— 
‘‘(1) whose family income does not exceed an 
income level (specified by the State) that does not 
exceed the greatest of—
‘‘(A) 200 percent of the income official 
poverty line (as defined by the Office of Man-
agement and Budget, and revised annually in 
accordance with section 673(2) of the Commu-
nity Services Block Grant Act) applicable to a 
family of the size involved; 
‘‘(B) in the case of a State that has in ef-
fect (as of the date of the enactment of this sec-
tion) a waiver under section 1115 to provide 
such medical assistance to individuals based on 
their income level (expressed as a percent of the 
poverty line), the eligibility income level as pro-
vided under such waiver; or 
‘‘(C) the eligibility income level (expressed 
as a percent of such poverty line) that has been 
specified under the plan (including under sec-
tion 1902(r)(2)), for eligibility of pregnant 
women for medical assistance; and 
‘‘(2) at the option of the State, whose resources 
do not exceed a resource level specified by the State, 
which level is not more restrictive than the resource 
level applicable under the waiver described in para-
graph (1)(B) or to pregnant women under para-
graph (1)(C).
‘‘(b) FLEXIBILITY.—A State may exercise the au-
thority under subsection (a) with respect to one or more 
classes of individuals described in such subsection.’’. 
(b) CONFORMING AMENDMENT.—Section 1905(a) of 
such Act (42 U.S.C. 1396d(a)) is amended, in the matter 
before paragraph (1)— 
(1) by striking ‘‘and’’ at the end of clause (xii); 
(2) by adding ‘‘and’’ at the end of clause (xiii); 
and 
(3) by inserting after clause (xiii) the following 
new clause: 
‘‘(xiv) individuals described in section 1936, but 
only with respect to items and services described in 
paragraph (4)(C),’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section apply to medical assistance provided on and 
after October 1, 2005. 
SEC. 203. STATE OPTION TO EXTEND THE PERIOD OF ELIGI-
BILITY FOR PROVISION OF FAMILY PLAN-
NING SERVICES AND SUPPLIES. 
(a) IN GENERAL.—Section 1902(e) of the Social Se-
curity Act (42 U.S.C. 1396a(e)) is amended by adding at 
the end the following new paragraph: 
‘‘(13) At the option of a State, the State plan may 
provide that, in the case of an individual who was eligible
for medical assistance described in section 1905(a)(4)(C), 
but who no longer qualifies for such assistance because 
of an increase in income or resources or because of the 
expiration of a post-partum period, the individual may re-
main eligible for such assistance for such period as the 
State may specify, but the period of extended eligibility 
under this paragraph shall not exceed a continuous period 
of 24 months for any individual. The State may apply the 
previous sentence to one or more classes of individuals and 
may vary the period of extended eligibility with respect 
to different classes of individuals.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) apply to medical assistance provided on and 
after October 1, 2005. 
TITLE III—EQUITY IN PRESCRIP-
TION INSURANCE AND CON-
TRACEPTIVE COVERAGE 
SEC. 301. SHORT TITLE. 
This Act may be cited as the ‘‘Equity in Prescription 
Insurance and Contraceptive Coverage Act’’. 
SEC. 302. AMENDMENTS TO EMPLOYEE RETIREMENT IN-
COME SECURITY ACT OF 1974. 
(a) IN GENERAL.—Subpart B of part 7 of subtitle 
B of title I of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1185 et seq.) is amended by add-
ing at the end the following: 
‘‘SEC. 714. STANDARDS RELATING TO BENEFITS FOR CON-
TRACEPTIVES. 
‘‘(a) REQUIREMENTS
FOR
COVERAGE.—A group 
health plan, and a health insurance issuer providing health 
insurance coverage in connection with a group health plan, 
may not— 
‘‘(1) exclude or restrict benefits for prescription 
contraceptive drugs or devices approved by the Food 
and Drug Administration, or generic equivalents ap-
proved as substitutable by the Food and Drug Ad-
ministration, if such plan or coverage provides bene-
fits for other outpatient prescription drugs or de-
vices; or 
‘‘(2) exclude or restrict benefits for outpatient 
contraceptive services if such plan or coverage pro-
vides benefits for other outpatient services provided 
by a health care professional (referred to in this sec-
tion as ‘outpatient health care services’). 
‘‘(b) PROHIBITIONS.—A group health plan, and a 
health insurance issuer providing health insurance cov-
erage in connection with a group health plan, may not— 
‘‘(1) deny to an individual eligibility, or contin-
ued eligibility, to enroll or to renew coverage under
the terms of the plan because of the individual’s or 
enrollee’s use or potential use of items or services 
that are covered in accordance with the requirements 
of this section; 
‘‘(2) provide monetary payments or rebates to 
a covered individual to encourage such individual to 
accept less than the minimum protections available 
under this section; 
‘‘(3) penalize or otherwise reduce or limit the 
reimbursement of a health care professional because 
such professional prescribed contraceptive drugs or 
devices, or provided contraceptive services, described 
in subsection (a), in accordance with this section; or 
‘‘(4) provide incentives (monetary or otherwise) 
to a health care professional to induce such profes-
sional to withhold from a covered individual contra-
ceptive drugs or devices, or contraceptive services, 
described in subsection (a). 
‘‘(c) RULES OF CONSTRUCTION.— 
‘‘(1) IN
GENERAL.—Nothing in this section 
shall be construed— 
‘‘(A) as preventing a group health plan 
and a health insurance issuer providing health 
insurance coverage in connection with a group 
health plan from imposing deductibles, coinsur-
ance, or other cost-sharing or limitations in re-
lation to— 
‘‘(i) benefits for contraceptive drugs 
under the plan or coverage, except that 
such a deductible, coinsurance, or other 
cost-sharing or limitation for any such 
drug shall be consistent with those imposed 
for other outpatient prescription drugs oth-
erwise covered under the plan or coverage; 
‘‘(ii) benefits for contraceptive devices 
under the plan or coverage, except that 
such a deductible, coinsurance, or other 
cost-sharing or limitation for any such de-
vice shall be consistent with those imposed 
for other outpatient prescription devices 
otherwise covered under the plan or cov-
erage; and 
‘‘(iii) benefits for outpatient contra-
ceptive services under the plan or coverage, 
except that such a deductible, coinsurance, 
or other cost-sharing or limitation for any 
such service shall be consistent with those 
imposed for other outpatient health care 
services otherwise covered under the plan 
or coverage;
‘‘(B) as requiring a group health plan and 
a health insurance issuer providing health in-
surance coverage in connection with a group 
health plan to cover experimental or investiga-
tional contraceptive drugs or devices, or experi-
mental or investigational contraceptive services, 
described in subsection (a), except to the extent 
that the plan or issuer provides coverage for 
other experimental or investigational outpatient 
prescription drugs or devices, or experimental 
or investigational outpatient health care serv-
ices; or 
‘‘(C) as modifying, diminishing, or limiting 
the rights or protections of an individual under 
any other Federal law. 
‘‘(2) LIMITATIONS.—As used in paragraph (1), 
the term ‘limitation’ includes— 
‘‘(A) in the case of a contraceptive drug or 
device, restricting the type of health care pro-
fessionals that may prescribe such drugs or de-
vices, utilization review provisions, and limits on 
the volume of prescription drugs or devices that 
may be obtained on the basis of a single con-
sultation with a professional; or
‘‘(B) in the case of an outpatient contra-
ceptive service, restricting the type of health 
care professionals that may provide such serv-
ices, utilization review provisions, requirements 
relating to second opinions prior to the coverage 
of such services, and requirements relating to 
preauthorizations prior to the coverage of such 
services. 
‘‘(d) NOTICE UNDER GROUP HEALTH PLAN.—The 
imposition of the requirements of this section shall be 
treated as a material modification in the terms of the plan 
described in section 102(a)(1), for purposes of assuring 
notice of such requirements under the plan, except that 
the summary description required to be provided under the 
last sentence of section 104(b)(1) with respect to such 
modification shall be provided by not later than 60 days 
after the first day of the first plan year in which such 
requirements apply. 
‘‘(e) PREEMPTION.—Nothing in this section shall be 
construed to preempt any provision of State law to the 
extent that such State law establishes, implements, or con-
tinues in effect any standard or requirement that provides 
coverage or protections for participants or beneficiaries 
that are greater than the coverage or protections provided 
under this section.
‘‘(f) DEFINITION.—In this section, the term ‘out-
patient contraceptive services’ means consultations, exami-
nations, procedures, and medical services, provided on an 
outpatient basis and related to the use of contraceptive 
methods (including natural family planning) to prevent an 
unintended pregnancy.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1 of the Employee Retirement Income Security 
Act of 1974 (29 U.S.C. 1001) is amended by inserting 
after the item relating to section 713 the following: 
‘‘714. Standards relating to benefits for contraceptives.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to plan years begin-
ning on or after January 1, 2006. 
SEC. 303. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT 
RELATING TO THE GROUP MARKET. 
(a) IN GENERAL.—Subpart 2 of part A of title 
XXVII of the Public Health Service Act (42 U.S.C. 
300gg–4 et seq.) is amended by adding at the end the 
following: 
‘‘SEC. 2707. STANDARDS RELATING TO BENEFITS FOR CON-
TRACEPTIVES. 
‘‘(a) REQUIREMENTS
FOR
COVERAGE.—A group 
health plan, and a health insurance issuer providing health 
insurance coverage in connection with a group health plan, 
may not—
‘‘(1) exclude or restrict benefits for prescription 
contraceptive drugs or devices approved by the Food 
and Drug Administration, or generic equivalents ap-
proved as substitutable by the Food and Drug Ad-
ministration, if such plan or coverage provides bene-
fits for other outpatient prescription drugs or de-
vices; or 
‘‘(2) exclude or restrict benefits for outpatient 
contraceptive services if such plan or coverage pro-
vides benefits for other outpatient services provided 
by a health care professional (referred to in this sec-
tion as ‘outpatient health care services’). 
‘‘(b) PROHIBITIONS.—A group health plan, and a 
health insurance issuer providing health insurance cov-
erage in connection with a group health plan, may not— 
‘‘(1) deny to an individual eligibility, or contin-
ued eligibility, to enroll or to renew coverage under 
the terms of the plan because of the individual’s or 
enrollee’s use or potential use of items or services 
that are covered in accordance with the requirements 
of this section; 
‘‘(2) provide monetary payments or rebates to 
a covered individual to encourage such individual to 
accept less than the minimum protections available 
under this section;
‘‘(3) penalize or otherwise reduce or limit the 
reimbursement of a health care professional because 
such professional prescribed contraceptive drugs or 
devices, or provided contraceptive services, described 
in subsection (a), in accordance with this section; or 
‘‘(4) provide incentives (monetary or otherwise) 
to a health care professional to induce such profes-
sional to withhold from covered individual contracep-
tive drugs or devices, or contraceptive services, de-
scribed in subsection (a). 
‘‘(c) RULES OF CONSTRUCTION.— 
‘‘(1) IN
GENERAL.—Nothing in this section 
shall be construed— 
‘‘(A) as preventing a group health plan 
and a health insurance issuer providing health 
insurance coverage in connection with a group 
health plan from imposing deductibles, coinsur-
ance, or other cost-sharing or limitations in re-
lation to— 
‘‘(i) benefits for contraceptive drugs 
under the plan or coverage, except that 
such a deductible, coinsurance, or other 
cost-sharing or limitation for any such 
drug shall be consistent with those imposed
for other outpatient prescription drugs oth-
erwise covered under the plan or coverage; 
‘‘(ii) benefits for contraceptive devices 
under the plan or coverage, except that 
such a deductible, coinsurance, or other 
cost-sharing or limitation for any such de-
vice shall be consistent with those imposed 
for other outpatient prescription devices 
otherwise covered under the plan or cov-
erage; and 
‘‘(iii) benefits for outpatient contra-
ceptive services under the plan or coverage, 
except that such a deductible, coinsurance, 
or other cost-sharing or limitation for any 
such service shall be consistent with those 
imposed for other outpatient health care 
services otherwise covered under the plan 
or coverage; 
‘‘(B) as requiring a group health plan and 
a health insurance issuer providing health in-
surance coverage in connection with a group 
health plan to cover experimental or investiga-
tional contraceptive drugs or devices, or experi-
mental or investigational contraceptive services, 
described in subsection (a), except to the extent
that the plan or issuer provides coverage for 
other experimental or investigational outpatient 
prescription drugs or devices, or experimental 
or investigational outpatient health care serv-
ices; or 
‘‘(C) as modifying, diminishing, or limiting 
the rights or protections of an individual under 
any other Federal law. 
‘‘(2) LIMITATIONS.—As used in paragraph (1), 
the term ‘limitation’ includes— 
‘‘(A) in the case of a contraceptive drug or 
device, restricting the type of health care pro-
fessionals that may prescribe such drugs or de-
vices, utilization review provisions, and limits on 
the volume of prescription drugs or devices that 
may be obtained on the basis of a single con-
sultation with a professional; or 
‘‘(B) in the case of an outpatient contra-
ceptive service, restricting the type of health 
care professionals that may provide such serv-
ices, utilization review provisions, requirements 
relating to second opinions prior to the coverage 
of such services, and requirements relating to 
preauthorizations prior to the coverage of such 
services.