Evergreen Reporter

Washington, D.C. – On May 18, U.S. Senators Patty Murray (D-WA), a senior member and former Chair of the Senate Health, Education, Labor, and Pension (HELP) Committee, Mazie Hirono (D-HI), and Catherine Cortez Masto (D-NV), along with U.S. Representatives Ayanna Pressley (D-MA-07), Chair of the Pro-Choice Caucus’ Abortion Rights and Access Taskforce, Alexandria Ocasio-Cortez (D-NY-14), and Ami Bera, MD (D-CA-06) reintroduced their bicameral Affordability is Access Act. The legislation would ensure that once the FDA determines an over-the-counter birth control option to be safe, insurers fully cover over-the-counter birth control without any fees or out-of-pocket costs.

The introduction comes after the FDA Advisory Committee’s unanimous vote last week recommending that FDA move forward to approve the first-ever application for over-the-counter birth control. Immediately after the vote, Senator Murray and Representative Pressley urged FDA to follow the science and quickly review the over-the-counter birth control application. Today, Senators Murray, Hirono, and Cortez Masto held a press conference in front of the capitol announcing their introduction of the legislation — video of today’s press conference is available HERE.

Recent polling has found that nearly 8 in 10 voters have a favorable view of birth control pills and more than 7 in 10 support making the pill available over-the-counter.  The Affordability is Access Act addresses the reality that for many—especially those with the tightest budgets—true access requires affordability.

“We are here today to make sure women can get the birth control they need—and can get it without having to pay extra, ask permission, or jump through ridiculous hoops,” Senator Murray said at the press conference today. “We are here to make sure that when birth control is available to everyone over the counter, it is also affordable for everyone. Because affordability IS access. And today, we are closer than ever to over-the-counter birth control. This is so important—especially in this post-Roe nightmare when far-right Republicans across the nation are rolling back reproductive rights, pushing radical and dangerous abortion bans, and making clear they are coming for birth control next.

“At a time when Republicans across the country are fighting to ban abortion nationwide—bans that disproportionately harm people of color, people with low incomes, and LGBTQ people—it is critical that we ensure every person who needs it can access and afford contraception,” said Senator Hirono. “That FDA advisory panel vote to approve the first ever over-the-counter birth control application is a historic step forward in the fight to expand access to birth control, and I hope the FDA will act without delay to accept the panel’s recommendation. But as we know, access alone without affordability is not true access. That’s why we need to pass this legislation to help ensure everyone who needs it can access birth control, regardless of their income.”

“Women’s reproductive freedoms are under attack across the country, and we know that far-right extremists won’t stop at limiting a woman’s right to make decisions about her own body,” said Senator Cortez Masto. “It is essential that we put policies in place now that will provide timely access to over-the-counter birth control once approved by the FDA. Comprehensive coverage for contraception will help thousands of Nevada women stay healthy and in control of their own lives. I’m proud to reintroduce this legislation and will keep fighting for women’s rights.”

“We must use every tool available to protect reproductive health care and affirm it as the human right that it is,” said Representative Ayanna Pressley. “Our bill would help us do just that by increasing access and affordability for birth control. I’m grateful to Senator Murray, Reps. Bera and Ocasio-Cortez, and our colleagues for their partnership on this sorely-needed bill. This far-right Supreme Court and anti-choice politicians are stopping at nothing to attack our reproductive freedom and bodily autonomy—and we won’t let up.”

“As a physician, I recognize the importance of affordable contraception in safeguarding women’s reproductive health. It not only enables women to live healthier lives, but also bolsters their economic security and overall well-being,” said Representative Ami Bera, M.D. “In the face of ongoing efforts by several states to curtail women’s health care and restrict access to contraception, it’s critical that we ensure women have access to affordable birth control free from the whims of extreme politicians. I’m proud to join my colleagues in reintroducing the Affordability is Access Act to do just that. It’s incumbent upon all of us to champion women’s rights and guarantee their access to high-quality, affordable healthcare, including comprehensive reproductive health services.”

“Across party lines, voters overwhelmingly support eliminating needless barriers for people seeking to prevent pregnancy,” said Dana Singiser, co-founder of the Contraceptive Access Initiative. “More than six decades of safety data about the pill and a national reproductive health crisis should motivate the FDA to swiftly act on the two oral contraceptive pills currently under review for availability over the counter. We applaud Senator Murray and Representative Pressley’s leadership on ensuring that everyone has the means to access this safe and highly effective contraception and ensuring that insurance must cover OTC contraceptive products.”

Under the Affordable Care Act, all private health insurance plans are required to fully cover — without copays or out-of-pocket costs — all U.S. Food and Drug Administration (FDA)-approved, granted, or cleared methods of contraception. The Affordability is Access Act would ensure that this also applies to over-the-counter birth control. The Affordability is Access Act would also maintain the FDA’s sole authority to determine the safety and efficacy of drugs and make them available over the counter without a prescription, and ensure retailers provide contraception without a prescription. The legislation states that any retailer that stocks contraception that the FDA has approved, granted, or cleared without a prescription may not interfere with a consumer’s access to or purchase of such contraception.

The Senate bill is co-sponsored by Senators Richard Blumenthal (D-CT), Jeanne Shaheen (D-NH), Jack Reed (D-RI), Brian Schatz (D-HI), Alex Padilla (D-CA), Jeff Merkley (D-OR), Elizabeth Warren (D-MA), Tom Carper (D-DE), Tammy Baldwin (D-WI), Maria Cantwell (D-WA), Chris Murphy (D-CT), Bernie Sanders (I-VT), Debbie Stabenow (D-MI), Tammy Duckworth (D-IL), Sheldon Whitehouse (D-RI), Peter Welch (D-VT), Tina Smith (D-MN), John Fetterman (D-PA), Bob Menendez (D-NJ), Michael Bennet (D-CO), Maggie Hassan (D-NH), Cory Booker (D-NJ), Tim Kaine (D-VA), Martin Heinrich (D-NM), and Chris Van Hollen (D-MD).

The bill is endorsed by: Contraceptive Access Initiative (CAI), National Family Planning & Reproductive Health Association (NFPRHA), National Health Law Program, Upstream USA, Reproductive Health Access Project, American Humanist Association, Physicians for Reproductive Health, National Partnership for Women & Families, Healthy Teen Network, Religious Coalition for Reproductive Choice, Jacobs Institute of Women’s Health, The National Organization for Women, NARAL Pro-Choice America, The American College of Nurse-Midwives, Coalition to Expand Contraceptive Access (CECA), The Guttmacher Institute, Power to Decide, Planned Parenthood Federation of America, The National Association of Nurse Practitioners in Women’s Health (NPWH), National Coalition of STD Directors, Ibis Reproductive Health, Population Connection Action Fund, The Center for Biological Diversity, National Council of Jewish Women, Collaborative, Society for Maternal-Fetal Medicine, National Women’s Law Center, American Public Health Association, National Latina Institute for Reproductive Justice, Advocates for Youth, The American College of Obstetricians and Gynecologists, The Association of Maternal & Child Health Programs, Catholics for Choice, and In Our Own Voice: National Black Women’s Reproductive Justice Agenda.

Over the course of her career, Senator Murray has always fought to ensure widespread access to affordable birth control. In the aftermath of the Dobbs leak, Senator Murray introduced and sought unanimous consent to pass the Right to Contraception Act to protect every American’s right to use contraception—Republicans blocked the bill. Senator Murray pushed to ensure birth control was covered under the Affordable Care Act (ACA), led the fight against the Supreme Court’s Hobby Lobby ruling, and has persistently pressed the administration to enforce the ACA’s coverage for contraceptive services since then. Senator Murray has long held that FDA must make its decisions based on sound science and public health needs, not politics—and she is widely credited with leading the fight to make Plan B available over the counter.’

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

Original source can be found here.