Reproductive Rights

via NPR by way of WSIU:

Over the past several months, a handful of community pharmacies in states where abortion remains legal have begun to take advantage of a new rule that allows them to fill prescriptions for the abortion pill mifepristone. Prior to the rule change, which was finalized last January by the Food and Drug Administration, pregnant people had to get the drug directly from their doctor or by mail if using telemedicine, depending on the laws in their state.

Reproductive health experts have said relaxing that requirement could help ease the growing burden on abortion clinics in states where abortion is legal. And perhaps nowhere is the potential for that greater than in Washington state, where efforts are underway to open up access to medication abortion in a radical new way: by training pharmacists not only to dispense abortion pills but also to prescribe them to their walk-in patients.

via the Centers for Medicare & Medicaid Services (CMS):

The Department, through CMS, will launch a new effort to support patients, hospitals, and providers to help ensure access to emergency health care

Today, the Department of Health and Human Services (HHS) announced that, together with the Centers for Medicare & Medicaid Services (CMS), it will launch a series of actions to educate the public about their rights to emergency medical care and to help support efforts of hospitals to meet their obligations under the Emergency Medical Treatment and Labor Act (EMTALA). As part of this comprehensive plan, the Department will:

Fantastic news via the New Jersey Dept. of Banking & Insurance:

NJDOBI Adopts Regulations to Require Comprehensive Abortion Coverage in Department Regulated Health Insurance Markets

TRENTON – As part of the Murphy Administration’s efforts to protect access to reproductive health care, the New Jersey Department of Banking and Insurance today announced the adoption of rules to require comprehensive abortion coverage as a part of all health benefits plans regulated by the department. This requirement, which was in place as of January 1, 2023 in the individual and small employer health insurance markets, will now be in effect for the fully-insured large employer health insurance market upon plan issuance or renewal.

via Oriana González of Axios:

An FDA advisory panel on Wednesday unanimously endorsed making daily birth control pills available over-the-counter for the first time, following two days of deliberations over whether patient misuse could lead to more unintended pregnancies.

Why it matters: If the FDA follows the recommendation and switches HRA Pharma's Opill away from prescription-only use, it could expand the availability of contraception and deepen partisan rifts over reproductive health in the post-Roe landscape.

HRA Pharma, part of consumer products giant Perrigo, expects a final decision from the FDA to come at some point this summer.

Driving the news: In a 17-0 vote, members of two FDA advisory committees decided that patients can properly follow Opill's labeling instructions — including taking the pill at around the same time every day — without consulting with a health provider.

via Pam Belluck of the New York Times:

For the first time, retail pharmacies, from corner drugstores to major chains like CVS and Walgreens, will be allowed to offer abortion pills in the United States under a regulatory change made Tuesday by the Food and Drug Administration. The action could significantly expand access to abortion through medication.

Until now, mifepristone — the first pill used in the two-drug medication abortion regimen — could be dispensed only by a few mail-order pharmacies or by specially certified doctors or clinics. Under the new F.D.A. rules, patients will still need a prescription from a certified health care provider, but any pharmacy that agrees to accept those prescriptions and abide by certain other criteria can dispense the pills in its stores and by mail order.

This would be a pretty big deal anyway, but given the Supreme Court's recent repeal of Roe vs. Wade, it obviously takes on even more significance.

New Jersey

via the NJ Dept. of Banking & Insurance:

TRENTON — Following votes by the boards of both the Individual Health Coverage Program and the Small Employer Health Benefits Program, the New Jersey Department of Banking and Insurance today announced that requirements for comprehensive abortion coverage among insurers in the individual and small employer markets will take effect for the start of the 2023 plan year on January 1, 2023. 

The department issued a study last month that found a need for regulatory action to require coverage for abortion services without exceptions under health benefits plans regulated by the department. The study was performed as part of the implementation of the historic Freedom of Reproductive Choice Act signed by Governor Phil Murphy earlier this year.  

At the department’s request, the Individual Health Coverage Program and the Small Employer Health Benefits Program boards began the process last month to implement coverage changes and the boards voted unanimously yesterday to formally accept the changes. 

New Jersey

via the NJ Dept. of Banking & Insurance:

Department Releases Study and Begins Rulemaking Process to Require Health Benefit Plans Cover Abortion Services Without Exceptions that Limit Coverage; Requests that Insurers Implement Change for 2023

TRENTON — The New Jersey Department of Banking and Insurance today announced that it has released a study on access to comprehensive reproductive health care that found a need for regulatory action to require coverage for abortion services under health benefits plans regulated by the department, and has begun the formal rulemaking process to implement the requirement. The department performed this study as part of the implementation of the historic Freedom of Reproductive Choice Act signed by Governor Phil Murphy earlier this year, which codifies the constitutional right to freedom of reproductive choice in New Jersey.  

I didn't write about the Kansas abortion ban amendment vote back in August, but I should have:

Voters in Kansas rejected a proposed state constitutional amendment Tuesday that would have said there was no right to an abortion in the state, according to The Associated Press.

Kansas was the first state to vote on abortion rights since the U.S. Supreme Court handed down its ruling in Dobbs v. Jackson's Women's Health Organization.

President Joe Biden hailed Tuesday's vote and called on Congress to pass a law to restore nationwide abortion rights that were provided by Roe.

"This vote makes clear what we know: the majority of Americans agree that women should have access to abortion and should have the right to make their own health care decisions," Biden said in a statement.

The statewide abortion ban ballot proposal, in a fairly solidly red state, ended up failing by a massive 18 points, with 544,000 voting against it and only 378,00 in favor of it.

via the White House website:

President Biden will issue an Executive Order on Securing Access to Reproductive and Other Healthcare Services, building on actions that the Biden-Harris Administration has taken to protect access to reproductive healthcare services and defend women’s fundamental rights.  The President kick off the Vice President’s first meeting of the Task Force on Reproductive Healthcare Access. At the meeting, the Cabinet will discuss their progress and the path forward to address the women’s health crisis in the wake of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization.

EXECUTIVE ORDER ON SECURING ACCESS TO REPRODUCTIVE AND OTHER HEALTHCARE SERVICES

Through today’s Executive Order, the President will announce actions to:

Via the Centers for Medicare & Medicaid Services:

Today, following President Biden’s Executive Order on ensuring access to reproductive health care, the U.S. Department of Health and Human Services (HHS), alongside the Departments of Labor and of the Treasury (Departments), took action to clarify protections for birth control coverage under the Affordable Care Act (ACA). Under the ACA, most private health plans are required to provide birth control and family planning counseling at no additional cost.

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