Appeals Court Blocks Trump Admin. Birth Control Coverage Rules

Courtesy: MGN

U.S. Senator Catherine Cortez Masto (D-Nev.) joined U.S. Senators Patty Murray (D-Wash.) and Mazie Hirono (D-Hawaii) in introducing the Affordability is Access Act, legislation to ensure that women across the country can access and afford over-the-counter birth control options and plan their own reproductive lives on their own terms.

“Birth control is essential health care, and it has helped thousands of Nevadans stay healthy and in control of their reproductive choices,” said Senator Cortez Masto. “I’m proud to introduce this legislation to protect women’s access to safe and affordable family planning options, and I’ll keep fighting to ensure that everyone who wants and needs birth control has easy access to quality, affordable care.”

The Affordability is Access Act would ensure that the U.S. Food and Drug Administration (FDA) swiftly approves an over-the-counter birth control option once the agency determines it to be safe and that insurers fully cover over-the-counter birth control without any out-of-pocket costs.

The Affordability is Access Act (AAA) would:

  • Ensure coverage of all oral contraception that the FDA has approved or regulated for routine, daily use without a prescription.
  • Maintain the FDA’s sole authority to determine the safety and efficacy of drugs and make them available over-the-counter without a prescription. 
    • Entities that research and develop oral contraceptives must apply to the FDA for review and approval for sale without a prescription.
    • Upon the receipt of such an application, the FDA must determine whether the contraceptive product meets the rigorous safety, efficacy, and quality standards for over-the-counter use, as established by the Federal Food, Drug, and Cosmetic Act.
    • If the product meets these standards, the FDA should approve the application without delay.
  • Require retailers to provide oral contraception without a prescription. 
    • The Affordability is Access Act states that any retailer that stocks oral contraception that the FDA has approved or regulated for routine, daily use without a prescription may not interfere with a consumer’s access to or purchase of such contraception.

Read the full text of the Affordability is Access Act here.

(Catherine Cortez Masto, US Senator for Nevada assisted with this report)