Dems urge free OTC birth control while GOP fights to ban mail-order abortion pill

US Democratic senators have signed a letter to the Biden administration to issue guidances that ensure Perrigo’s over-the-counter birth control pill Opill (norgestrel) is available to the public for free.

The drug was the first OTC birth control approved by the US Food and Drug Administration (FDA) this summer and its approval comes amidst a political battle over access to abortion.

Sens. Bernie Sanders (I-VT), Patty Murray (D-WA), Tammy Baldwin (D-WI) and Ron Wyden (D-OR) wrote a letter undersigned by all 48 Senate Democrats asking Health and Human Services department Secretary Xavier Becerra, Treasury Secretary Janet Yellen and Acting Labor Secretary Julie Su to take steps to make access to birth control cheaper and easier.

“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 senators wrote. “To expand access to affordable contraception, we urge the tri-departments to issue new guidance that reflects current [Health Resources and Services Administration (HRSA)] 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 noted that the Biden administration took several key actions to increase access to birth control this summer, including issuing an executive order directing federal agencies to take steps to improve birth control access that is in line with their request. The Centers for Medicare and Medicaid Services (CMS), the Internal Revenue Service (IRS), and the Employee Benefit Services Administration (EBSA) also recently published a Request for Information on the types of preventative services that are important to public health, including OTC contraceptives.

The senators praised FDA’s approval of Opill for OTC marketing without the need for a prescription but said it was not as meaningful without free coverage.

“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,” they said. “Even prior to the FDA’s approval of Opill, several states have expanded access to OTC contraceptives and other lifesaving [Affordable Care Act] preventive services to ensure that patients continue to receive quality care.”

For example, additional training and billing guidance aimed at pharmacists and other health care providers would help support state-level efforts to expand contraceptive access, they said.

On the other side of the political spectrum, Republican lawmakers have been pushing to stop FDA from allowing mail-order marketing of the abortion pill mifepristone and recently proposed legislation to mandate that the agency end its policy of allowing the drug to be dispensed by mail and at retail pharmacies.

Newly elected House Speaker Rep. Mike Johnson (R-LA) has been a strong advocate for banning abortion, even in cases of rape and incest, and may play a critical role in how the issue advances in the House. While he has set a goal of getting an agriculture and FDA appropriations bill to the House floor by 13 November, POLITICO reports that the mifepristone issue has created a rift within the Republican party and could jeopardize Johnson’s ability to get appropriations legislation across the finish line and avoid a government shutdown.

Dem letter contraception coverage

Dems urge free OTC birth control while GOP fights to ban mail-order abortion pill

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