Affordability is Access Act of 2026

Section 2 and Section 5(1): These sections require health plans and health insurance coverage to provide coverage for over-the-counter contraceptives without cost-sharing and without requiring a prescription. This could benefit individuals by making birth control more affordable and easier to obtain without needing to visit a doctor first for a prescription.

Section 5(2): This provision clarifies that coverage requirements include all prescription contraceptives approved, granted, or cleared by the Food and Drug Administration. This ensures that individuals have continued access to covered prescription birth control options under their health insurance.

Section 7(a): This section states that any retailer stocking Food and Drug Administration-approved over-the-counter contraception cannot interfere with an individual's access to, or purchase of, the contraception. It also protects access to medically accurate, comprehensive information about the contraception.

Section 5(2): For prescription drug contraceptives that have at least one therapeutic equivalent, health insurance coverage is only required for one such contraceptive among the therapeutically equivalent options. This could limit an individual's choice if their preferred specific brand or product is not the one chosen by the insurance plan for coverage.

Section 7(b): This section specifies that retailers are not prohibited from refusing to provide an over-the-counter contraceptive product to an individual if the individual is unable to pay for it directly, through insurance, or through another payment mechanism. This means individuals without a way to pay will still be unable to obtain the product from the retailer.