Maine lawmakers back bill requiring insurance coverage of over-the-counter birth control

Insurance companies could soon be required to cover over-the-counter oral contraceptives under a bill passed this week by the Maine Legislature. 

LD 2203, sponsored by Rep. Poppy Arford (D-Brunswick), would mandate that insurance cover non-prescription oral hormonal contraceptives and non-prescription emergency contraceptives that have been approved by the Food and Drug Administration. That expanded benefit would start Jan. 1, and carriers would have to notify people at least annually of that coverage.

The bill passed the House 81-64 on Thursday, with the Senate following suit by a 20-13 vote. Both votes were party-line, with Democrats supporting the proposal and Republicans opposing it. The measure still faces final enactment votes in each chamber. 

Maine law already requires insurance coverage of prescription contraceptives, but Arford’s bill focuses on over-the-counter coverage because the FDA in July approved the first daily oral non-prescription contraceptive pill. That pill became available in March. 

“All this bill does is says for those people who have insurance coverage that is regulated here in the state of Maine, that we are expanding the coverage to include this product,” Arford said, referring to the new over-the-counter contraceptive pill. 

Rep. Joshua Morris (R-Turner) spoke against the bill during the debate in the House. He said Maine has already taken action to increase access to birth control and argued that requiring insurance coverage for an over-the-counter medication has the potential to create a high cost burden for carriers. 

“I just think at this point, we’ve done a lot of work in making contraception available to people,” he said. “I think that this bill is probably not prudent.”

However, Arford said it is important to give people as many options as possible for choosing when and where to start a family and that over-the-counter contraceptives allow Mainers to avoid the extra time, effort and cost it takes to get a prescription. 

Arford’s bill comes as Republicans in some states have targeted certain forms of birth control. Furthermore, arch-conservative Justice Clarence Thomas — in a concurring opinion to a 2022 ruling by the U.S. Supreme Court that struck down federal abortion rights — argued that several past decisions, including a ruling protecting access to contraceptives, should be reconsidered.