Bill > A3120

Introduced Session

This bill makes several changes regarding the coverage of contraceptive drugs available for over-the-counter sale that are approved by the United States Food and Drug Administration (FDA). First, this bill requires Medicaid to provide coverage, without a prescription, for all female contraceptive drugs available for over-the-counter sale that are approved by the FDA. Currently, the law requires such coverage to be provided by the State Health Benefits Program, the School Employees' Health Benefits Program, and other health benefits plans. Second, the bill places certain requirements on the coverage of contraceptive drugs available for over-the-counter sale that are approved by the FDA under Medicaid, the State Health Benefits Program, the School Employees' Health Benefits Program, and other health benefits plans. Specifically, coverage of such drugs under the bill is prohibited from requiring cost-sharing and must include the furnishing of a contraceptive drug intended to last for a 12-month period. The bill further stipulates that if the United States Food and Drug Administration has approved one or more therapeutic equivalents of a contraceptive drug for over-the-counter sale, coverage of all those therapeutically equivalent versions is not required, as long as at least one drug is covered without any cost-sharing requirement. The bill requires the covering entity to establish mechanisms to ensure that the individual eligible for coverage of a contraceptive drug has the option either to access the contraceptives at a pharmacy without a payment required at the point of sale or to make a purchase of a contraceptive drug with a payment at the point of sale and submit a claim for reimbursement to the covering entity. The bill also revises a law authorizing pharmacists to furnish self-administered hormonal contraceptives without an individual prescription to provide that the requirements of that law, including a requirement to screen patients using a questionnaire prior to dispensing the contraceptive, do not apply to over-the-counter female contraceptive drugs approved by the FDA. Finally, the bill expands the scope of an existing public awareness campaign informing the public about the availability of self-administered hormonal contraceptives from pharmacies without an individual prescription, to additionally include information about the availability of health benefits coverage for FDA-approved over-the-counter female contraceptive drugs under Medicaid, the State Health Benefits Program, the School Employees' Health Benefits Program, and other health benefits plans. The bill further revises the public awareness campaign to require the Commissioner of Health develop the campaign in consultation with the Commissioner of Human Services.

AI Summary

Committee Categories

Verlina Reynolds-Jackson (D)*,  Lisa Swain (D)*, 

Introduced, Referred to Assembly Financial Institutions and Insurance Committee (on 01/13/2026)

Official Document