Bill · S. 5539· Senate(119-S-5539)
Affordability is Access Act of 2026
- Introduced
- 9/24/2026
- Last activity
- 9/24/2026 — Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- Sponsored by
- Patty Murray
- Cosponsors
- - 31 - 0
- Introduced
- In Committee
What this bill would do
This bill is known as the Affordability is Access Act of 2026. Its purpose is to ensure timely access to affordable birth control by requiring health plans and insurance coverage to include over-the-counter contraceptives without cost-sharing. The bill specifies that coverage must include all over-the-counter contraceptives approved by the Food and Drug Administration, even without a prescription. It clarifies that coverage requirements also apply to prescription contraceptives, though certain rules apply when therapeutic equivalents exist. Additionally, the legislation places duties on retailers that stock FDA-approved over-the-counter contraception to ensure individuals can access and purchase these products without interference.
Yes· 3 of 11
Would women be better off under this?+8
The bill directly addresses barriers to reproductive health by requiring insurance plans to cover over-the-counter contraceptives without a prescription or cost-sharing.
Does this make health care easier to get in general?+8
The bill mandates insurance coverage for over-the-counter contraceptives without cost-sharing or a prescription, significantly improving access to birth control.
Would people in their twenties and thirties be better off under this?+7
Young adults of reproductive age benefit directly from increased access to affordable, over-the-counter birth control.
The opposite
No question was scored the opposite.
Who it would affect, and how
Potential Positive Impacts for People
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Coverage Without Cost-Sharing or Prescriptions: Section 2 and Section 5 require group health plans and group or individual health insurance coverage to provide coverage for all over-the-counter contraceptives approved, granted, or cleared by the Food and Drug Administration without cost-sharing and even if the enrollee does not have a prescription. This could make birth control more affordable and accessible for individuals who face financial barriers or difficulty obtaining a prescription.
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Retailer Access Protection: Section 7 states that any retailer that stocks FDA-approved over-the-counter contraception may not interfere with an individual's access to or purchase of such contraception, or access to medically accurate, comprehensive information about it. This provision helps ensure that consumers can freely purchase these products without facing interference at the point of sale.
Potential Negative Impacts for People
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Retailer Refusal for Inability to Pay: Section 7 outlines a limitation specifying 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 the product directly, through insurance coverage, or through another payment mechanism. This means that individuals without insurance or the means to pay out-of-pocket may still be denied these products at the retail level.
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Limitations on Prescription Alternatives: Section 5 allows health plans to provide coverage for only one contraceptive among drugs or drug-led combination products that are therapeutically equivalent. This could limit patient choice if a person prefers a specific brand or version of a prescription contraceptive that is not the single therapeutically equivalent product chosen by the insurance plan for coverage.
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Demographic And Interest Groups
- Good For Women+8Good For Low Income Households+7Good For Young Adults+7Good For Middle Class Households+5Good For Students+5
- Healthcare
- Improves Healthcare Access+8Increases Affordable Care Act Support+7
- Social Issues And Justice
- Improves Gender Equality+6Improves Poverty Reduction+4
- Economy And Finance
- Improves Consumer Protection+6
- Governance And Ideology
- Increases Federal Power+4
- 9/29/2026
- 1 Cosponsor added.
- 9/24/2026
- Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- 31 Cosponsors added.
- Introduced in Senate
One bill Congress.gov lists as related to this one — companions in the other chamber, earlier versions, and bills this one absorbed or was folded into.
Angela AlsobrooksDemocrat · Maryland
Tammy BaldwinDemocrat · Wisconsin
Michael BennetDemocrat · Colorado
Richard BlumenthalDemocrat · Connecticut
Cory BookerDemocrat · New Jersey
Maria CantwellDemocrat · Washington
Catherine Cortez MastoDemocrat · Nevada
Tammy DuckworthDemocrat · Illinois
John FettermanDemocrat · Pennsylvania
Kirsten GillibrandDemocrat · New York
Ruben GallegoDemocrat · Arizona
John HickenlooperDemocrat · Colorado
Mazie HironoDemocrat · Hawaii
Martin HeinrichDemocrat · New Mexico
Maggie HassanDemocrat · New Hampshire
Amy KlobucharDemocrat · Minnesota
Timothy KaineDemocrat · Virginia
Edward MarkeyDemocrat · Massachusetts
Jeff MerkleyDemocrat · Oregon
Alex PadillaDemocrat · California
John ReedDemocrat · Rhode Island
Jacky RosenDemocrat · Nevada
Bernie SandersIndependent · Vermont
Adam SchiffDemocrat · California
Jeanne ShaheenDemocrat · New Hampshire
Brian SchatzDemocrat · Hawaii
Tina SmithDemocrat · Minnesota
Chris Van HollenDemocrat · Maryland
Ron WydenDemocrat · Oregon
Sheldon WhitehouseDemocrat · Rhode Island
Mark WarnerDemocrat · Virginia
Elizabeth WarrenDemocrat · Massachusetts