Contraception coverage bills sent to Youngkin’s desk • Virginia Mercury

Virginia Gov. Glenn Youngkin is reviewing legislation sent to him by the Democratic-controlled General Assembly that would require health insurers to fully cover contraceptives in Virginia. 

Identical bills from Del. Candi Mundon King, D-Prince William, and Sen. Ghazala Hashmi, D-Chesterfield, would require health insurance carriers in Virginia to cover all Food and Drug Administration-approved contraceptive drugs, over-the-counter medication and devices at no out-of-pocket cost to the customer. 

The legislation cleared both chambers with some Republican support and is part of a package of bills Democrats have fast-tracked to Youngkin, who has until the end of the day Friday to decide whether or not he will approve, amend or veto it.

Mundon King told a House panel last month the bills — which backers are calling the Contraceptive Equity Act — would enshrine elements of existing federal law under the Affordable Care Act in Virginia code.

The legislation is “simply designed to remove the cost-sharing portion of [coverage] and protect the women of Virginia should they need access to contraceptives,” Mundon King said. 

Current state law only says health plans and insurers have to cover prescription contraception and prohibits them from imposing special costs for contraceptives. Mundon King and Hashmi’s bills would broaden the scope of contraception they have to cover to include drugs and methods like Plan B or intrauterine devices while prohibiting cost-sharing altogether.

Denise Harrington with the Virginia League of Women Voters said under the legislation, “individuals would be able to decide if contraceptives are right for them, not insurance companies.”

Both lawmakers emphasized that contraceptives are also used for purposes other than birth control, such as treating endometriosis, ovarian cysts and fibroids. They noted the bill would not require insurers to cover drugs or devices intended to be used for the purpose of abortion. 

Strong opposition came from Jeff Caruso with the Virginia Catholic Conference, who told the House Labor and Commerce Committee in January that some faith-based organizations couldn’t comply with the bill because it contains no religious or moral exemptions.

“It would force these organizations to choose between following the law or following their deeply and sincerely held beliefs,” Caruso said. “It violates the First Amendment, U.S. Supreme Court precedent and religious freedom provisions” in state code, he continued. 

Mundon King said nothing in the legislation supersedes federal law or requires religious employers to provide contraceptives to employees.