This bill expands Medicare coverage to include all contraceptive items, services, and drugs with no out-of-pocket costs for beneficiaries starting in 2027, while also mandating related studies.
Margaret "Maggie" Hassan
Senator
NH
The Closing the Contraception Coverage Gap Act aims to ensure Medicare beneficiaries receive contraceptive items, services, and drugs with no out-of-pocket costs, effective January 1, 2027. This legislation amends Medicare Parts B, C, and D to mandate comprehensive, cost-free coverage for contraception. Additionally, the bill requires studies on prescription drug access for disabled beneficiaries and current contraceptive coverage gaps in other health plans.
The "Closing the Contraception Coverage Gap Act" is pretty straightforward: it mandates that Medicare, across all its parts (B, C, and D), must cover all approved contraceptive items, services, and drugs with zero cost-sharing for beneficiaries. Think of it as eliminating the co-pay and deductible for your birth control, provided you’re on Medicare. This change is slated to kick in on January 1, 2027.
This bill directly addresses a financial barrier for millions of older adults and disabled individuals covered by Medicare. Currently, coverage can be spotty or come with significant out-of-pocket costs, especially for prescriptions through Part D. Under this new mandate (Sec. 2), if you are a Medicare beneficiary, you won’t pay a dime for contraception. This includes the drugs themselves (Part D), and the services—like having an IUD inserted, consultations, or follow-up care for side effects (Part B).
The key detail here is the zero cost-sharing. The standard Part B deductible won't apply, and you won't have any co-pays or coinsurance for contraceptive drugs under Part D. For someone relying on a fixed income, this is a major financial relief, making essential preventive care predictable and free. Medicare Advantage plans (Part C) are also required to incorporate this zero cost-sharing into their offerings, ensuring uniformity across the program.
The bill defines covered items and services by linking them back to specific federal guidelines issued in January 2022. This means coverage includes a wide range of methods and related clinical services, such as exams, ultrasounds related to device insertion, and counseling. They even included a catch-all: these services are covered "regardless of the actual reason they are furnished." This provision is designed to cut down on bureaucratic headaches and ensure comprehensive access.
However, relying on a specific set of guidelines from 2022 could create administrative friction down the road. If new, innovative contraceptive methods hit the market, the Secretary of HHS might need to issue updated guidance to ensure they are covered, potentially leading to a lag in access.
The legislation also includes specific provisions for individuals who are eligible for both Medicare and Medicaid (dual eligibles). The Secretary must ensure that the contraceptive coverage under Medicare is at least as comprehensive as what they would get under their state Medicaid plan. This is a crucial protection, ensuring that the shift to Medicare coverage doesn't accidentally reduce their benefits.
Beyond the coverage mandate, the bill is a data-gathering exercise. It requires several studies to be conducted. For example, the HHS Secretary must study the adequacy of prescription drug coverage for disabled Medicare beneficiaries—specifically looking at how they access oral contraceptives and the implications of covering over-the-counter contraceptives with no cost-sharing (Sec. 3). Meanwhile, the GAO is tasked with studying existing gaps in commercial and public health plans that currently don't require full, zero-cost coverage for all FDA-approved contraception (Sec. 4). These studies signal that this bill might be the first step in a broader push to standardize and expand contraceptive coverage across the entire U.S. healthcare system.