Here’s what we need to do to ensure birth control coverage stays protected

For nearly a decade, the Affordable Care Act (ACA) has helped millions of people access birth control without the burden of out-of-pocket costs like co-pays or deductibles. Unfortunately, legal challenges from employers who object to providing this coverage have put this essential benefit at risk. In July 2020, the Supreme Court allowed regulations from the Trump administration to go into effect, enabling almost any employer to refuse coverage for some or all birth control methods. However, the good news is that the Court also made it clear that the Biden-Harris administration has the authority to implement new rules to reinstate the contraceptive coverage requirement. It’s time to act. Here’s where things stand and how you can help ensure that everyone has access to birth control without financial barriers.

Birth control is widely used and well-loved
Birth control has broad support across all demographics, with the majority of adults—regardless of race, region, or political affiliation—backing access to contraception. Around 95% of Democrats and 75% of Republicans support it. Additionally, 76% of adults agree that birth control should be considered basic healthcare. This is hardly surprising, given that 99% of women in the U.S. who’ve ever had sex have used some form of birth control. Given these facts, the idea that birth control could be unaffordable because of insurance restrictions is unpopular.

Why no co-pay coverage matters
Before the ACA, not every employer was required to cover birth control in their employee health plans. Even when birth control was covered, some methods were excluded, or high out-of-pocket costs made them unaffordable. This forced many people to choose their birth control based on what they could afford, rather than what was best for them. Before the ACA, women typically spent between 30% and 40% of their total out-of-pocket health costs on birth control. For many, the cost could reach $40 per month even with insurance, putting birth control out of reach for many people, especially those with tight budgets, like college students.

The ACA’s contraceptive coverage requirement has made it easier for people to select the method that works best for them without worrying about the price. Studies show that having this coverage helps people make choices based on their needs rather than their financial situation.

What’s the problem?
In 2018, the Trump administration introduced regulations that allowed employers and universities to deny birth control coverage based on religious or moral objections. In July 2020, the Supreme Court ruled that these regulations could go into effect. For people with employer-sponsored insurance where the employer objects to covering birth control, it’s as if their insurance doesn’t cover it at all.

Additionally, new birth control methods often face coverage issues, and some over-the-counter options—like certain emergency contraceptives and internal condoms—aren’t covered unless you have a prescription. This is already a challenge for people using these methods and could become worse if certain birth control pills are sold over the counter in the future. If you or someone you know is having trouble getting birth control covered, you can visit coverher.org for help. But we need to change these policies so that everyone can access the birth control they need without cost barriers.

What can you do to help?
The Supreme Court ruling that allowed these regulations was a setback, but it also means that future presidential administrations can change them. President Biden has promised to undo the Trump-era birth control regulations, and now we need to encourage the Biden-Harris administration to move forward with this. We need new regulations that will ensure coverage for all birth control methods, including new and over-the-counter options.

The good news is that taking action is easy. You can send an email to the Biden-Harris administration, urging them to reverse the Trump administration’s birth control policies and fix the contraceptive coverage requirement.

You can also help spread the word by sharing posts on social media. Here are some sample posts:

• No matter who your employer is or what method you need, you deserve to have your birth control covered without co-pays. Urge the Biden-Harris administration to fix the contraceptive coverage requirement so it covers everyone that it should! #HandsOffMyBC #ThxBirthControl [link]
• Your job or income shouldn’t determine your access to birth control. Help ensure the contraceptive coverage requirement covers all methods and everyone who needs it. Take action here: [link] #HandsOffMyBC #ThxBirthControl
• Before the ACA, people spent 30-40% of their total out-of-pocket health costs on birth control. Let’s make sure we never go back to that! Take action here: [link] #HandsOffMyBC #ThxBirthControl
• With so many birth control options out there, everyone deserves coverage for the method that works best for them. Tell the Biden-Harris administration to fix the contraceptive coverage requirement here: [link] #HandsOffMyBC #ThxBirthControl