Laws Affecting Reproductive Health and Rights: State Policy Trends at Midyear, 2017

Guttmacher Institute

Laws Affecting Reproductive Health and Rights:
State Policy Trends at Midyear, 2017

By Elizabeth Nash, Rachel Gold, Lizamarie Mohammed,
Olivia Cappello and Zohra Ansari-Thomas

Since the 2010 elections swept abortion opponents into power in state capitals across the country, state-level policymaking related to reproductive health and rights has focused almost exclusively on restricting access to abortion. Over 30% of all abortion restrictions enacted since the 1973 Supreme Court decision in Roe v. Wade came in just the last six years. Despite that onslaught, supporters of sexual and reproductive health and rights have been doggedly laying the groundwork for positive progress wherever possible. These efforts gained momentum over the first half of 2017 and led to some key victories that bolster access to contraception as well as protect abortion rights.

Positive Progress
With the threat to the federal contraceptive coverage guarantee looming large since the November 2016 elections, policymakers in 25 states proposed measures to preserve—and in many cases even expand—access to contraception through insurance plans (see States Must Act to Shore Up the Federal Contraceptive Coverage Guarantee). So far this year, Maine and Nevada strengthened their existing contraceptive coverage guarantees; they both adopted measures prohibiting cost sharing for contraception, including sterilization for women, and requiring insurance coverage for an extended supply of contraceptive methods at one time. Nevada’s new law also requires insurance plans to cover over-the-counter methods, while Maine’s new law requires coverage for male sterilization. A regulation adopted by New York in June requires health insurance plans to cover all contraceptive methods as well as a 12-month supply after an initial three-month supply has been obtained. Colorado, Virginia and Washington also adopted legislative measures ensuring coverage of a full year’s contraceptive supply at one time.

Currently, 28 states require health plans to cover contraception (see Insurance Coverage of Contraceptives). Once the new policies in Maine, Nevada and New York take effect, along with Maryland’s 2016 law that applies to coverage starting in 2018, seven states will mirror the current federal guarantee and prohibit cost sharing. Similarly, when the six new provisions requiring coverage for a full year’s contraceptive supply take effect, 11 states will afford insurance plan enrollees this protection. (In addition, Maryland guarantees a six-month supply.)

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