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Biden Proposes Free Over-The-Counter Birth Control Under The ACA

Ever since Roe v. Wade was overturned in 2022, reproductive rights have been one of the most important issues to voters in the United States. Of course, abortion access tends to take the spotlight in many of the conversations surrounding reproductive rights due to its polarizing nature, but reproductive rights encompasses more than just abortion. Access to contraception, for example, has also been at risk in recent years, as more restrictive legislation is being introduced at federal and state levels. However, the White House just announced a new proposed rule that, if passed, could grant millions of people free over-the-counter birth control.

The rule, proposed by the Departments of Health and Human Services, Labor, and Treasury under the Biden administration, would expand a federal mandate under the Affordable Care Act requiring health insurers to cover preventive care services, including birth control. As a result, over 50 million people would have access to over-the-counter contraceptives at no cost. 

According to NBC News, the rule would additionally require that health plans cover all FDA-approved contraceptive drugs and some devices, which includes condoms, morning-after pills such as Plan B One-Step, and even possibly IUDs. Currently, 14% of women ages 15 to 49 take a contraceptive pill, and an additional 10.4% use long-acting reversible contraception like IUDs. Making these drugs and devices available at no cost would remove the heavy burden of cost for many users, making reproductive rights even more accessible for those who need it.

Cost has historically been a barrier for reproductive freedom. Birth control pills can cost up to $50 a month without insurance; getting an IUD could cost up to $1,300. Cost has become even more of a barrier in the aftermath of Roe v. Wade being overturned. The Institute for Women’s Policy Research shares that a recent rise in state efforts to limit reproductive healthcare has put state and regional economies at risk. The burden of cost is even heavier for those already facing systemic inequalities, including women of color, people with low socioeconomic status, and members of the LGBTQ+ community. 

That is part of the reason why this proposal would be incredibly influential if it is passed. Removing barriers to health care and expanding reproductive rights to those who have historically been denied them would be a bright spot in the Biden-Harris administration era.

Vice President Kamala Harris, the current Democratic nominee for President, has made reproductive rights a focus in her campaign. She has called for restoring Roe v. Wade repeatedly, and shared a post on social media in May 2024 that said, “Contraception is health care, and every person in America should have the freedom to access the health care they need.” This proposal, which was released just over two weeks before the 2024 election, could be a step forward in her plan to restore reproductive rights to Americans.

Harris’s opponent, former President Donald Trump, has made his views on contraception clear as well. Also in May 2024, Trump said that he was open to supporting regulations on contraception. Trump, who appointed three of the Supreme Court justices who voted to overturn Roe v. Wade, has already made enormous steps in making reproductive health care inaccessible for those who need it. The two presidential candidates discussed the topic of reproductive health care during their debate in September 2024, with Harris criticizing Trump on lying to and misleading Americans about abortion laws.

A study ran in 2022 revealed that an overwhelming majority of U.S. voters (71%) supported access to over-the-counter birth control pills. With the polls currently showing a tight race, time will tell if this proposed rule from the Biden administration has any impact on the 2024 election. Either way, if the rule passes, it would be a major step forward in making reproductive health care available to those who need it.

Jordyn Stapleton has been a National Lifestyle Writer for Her Campus since February 2023. She covers a variety of topics in her articles, but is most passionate about writing about mental health and social justice issues. Jordyn graduated from CU Boulder in December 2022 with Bachelor’s degrees in music and psychology with a minor in gender studies and a certificate in public health. Jordyn was involved in Her Campus during college, serving as an Editorial Assistant and later Editor-in-Chief for the CU Boulder chapter. She has also worked as a freelance stringer for the Associated Press. Jordyn is currently taking a gap year and working at a local business in Boulder, with hopes of attending graduate school in fall 2024. Jordyn enjoys reading, bullet journalling, and listening to (preferably Taylor Swift) music in her free time. If she isn’t brainstorming her next article, you can usually find her exploring coffee shops or hiking trails around Boulder with her friends.