The Biden-Harris Administration has proposed a new rule that would expand access to contraceptive products. The rule will redefine coverage standards under the Affordable Care Act, and will require that patients be given reproductive healthcare, specifically contraceptives, without copays. Additionally, private health insurance providers will be required to notify patients of the availability of these contraceptives. Reproductive rights, mainly abortion, can affect voter decisions and turnout in this election.
Abortion as a Voter Issue
The Supreme Court’s decision to overthrow the constitutional right to abortion under federal law in 2022 drastically changed the political landscape. Statistically, 76% of adults under 30 are likely to say abortion should be legal, while 63% of all adults say abortion should be legal in all or most cases. Additionally, 61% of men and 64% of women support legal abortion.
The repeal of Roe V. Wade compelled voters in Generation Z to take a stance. With the younger generation’s increasing involvement in politics, catering to them could shift the outcome of the election. For this reason, Kamala’s campaign has been grounded in women’s rights and empowerment. Moreover, she has been intentional about reaching the youth and female voting demographic. In comparison to Trump, she seems to be succeeding.
The Updated ACA Provisions
Currently, there are provisions for patients to receive contraception under Obama’s Affordable Care Act of 2010. Private health providers can prescribe birth control pills, and patients do not have to pay out of pocket. However, the no copay or cost-sharing rule does not apply to over the counter birth control. The new rule would expand access for women of reproductive age with private health insurance.
This is especially significant because the Food and Drug Administration is introducing a new over-the-counter birth control pill called “Opill” that could be added to the recommended product list. Opill, the first over-the- counter birth control pill in the U.S., will provide accessibility to contraception for women nationwide.
The proposal, developed by the U.S. Department of Health and Human Services (HHS), Labor Department, and Treasury Department, was announced by the administration on October 21, 2024. It will require health insurance companies to cover all recommended over-the-counter products including spermicide, condoms, and emergency contraception without prescription and without any out-of-pocket costs as long as there is no alternative therapeutic equivalent available.
For their federal workers, family members, and retirees, the Office of Personnel Management will go the extra mile to clarify standards and support a larger range of FDA contraceptives. It will also require insurers that participate in the Federal Employee Health Benefits Program to go a step further in educating their enrollees about their benefits. The proposal will also require private insurance providers to notify patients of these new benefits.
Why the Timing Matters
The timing of this proposal is significant because it’s only a few weeks before the election. Kamala argues that a woman’s right to abortion should be reinstated. "I support Roe v. Wade being put back into law by Congress, and to restore the fundamental right of women to make decisions about their own body. It is that basic." She has made access to abortion central to her campaign, and fluctuating bans and state laws have only served to keep this issue on the forefront of voters' minds.
The Future
The stakes around reproduction rights are high as citizens get ready to cast their votes. While it’s still unclear if this proposal will be enough to influence undecided voters to choose Kamala and ultimately the Democratic Party, the impending initiative reflects a shift in the nation’s top political concerns where the political landscape involves discussions of healthcare, reproductive rights, and bodily autonomy. No matter the outcome, policies involving these issues will likely persist into the next candidacy.
Acknowledgment: The opinions expressed in this article are those of the individual author.
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