Strengthening Access to Affordable, High-Quality Contraception and Family Planning Services
This executive order (EO) from President Biden aims to protect and expand access to affordable, high-quality contraception and family planning services in the wake of the Dobbs decision. Building on prior actions, it directs multiple federal agencies to take a range of policy steps—primarily through guidance, rulemaking, and program design—within existing law and funding to reduce cost barriers, broaden coverage (including potential over-the-counter contraception), improve access under Medicaid and Medicare, and strengthen privacy protections around reproductive health information. The overall goal is to ensure people can obtain contraception and related services regardless of income, location, or coverage gaps, while preserving federal program integrity and compliance with the law. This EO signals a broad, interagency effort to streamline coverage, expand service delivery (including Title X and HRSA-funded clinics), and enhance awareness and confidentiality protections around contraception. It does not by itself create new rights or authorize new funding; instead, it directs actions (including proposed rules and guidance) that agencies would implement using existing authorities and appropriations.
Key Points
- 1Policy foundation and purpose
- 2- Reaffirms that access to contraception and family planning services is essential for health, economic stability, and personal autonomy, especially after the Dobbs decision and related state actions.
- 3- Builds on prior agency efforts and directs ongoing interagency coordination to protect and expand access to contraception.
- 4Improving Affordable Care Act (ACA) coverage and access
- 5- Agencies are directed to consider issuing guidance to improve access to contraception without out-of-pocket costs under the ACA.
- 6- Actions include ensuring full coverage of all FDA-approved contraceptives without cost sharing and simplifying the process for requesting coverage of medically necessary contraception.
- 7Expanding Medicaid and Medicare support
- 8- The Department of Health and Human Services (through CMS) should take steps to broaden affordable family planning services within Medicaid (including best-practice sharing and potentially managed care) and improve coverage and payment for contraceptives under Medicare Advantage and Part D.
- 9Additional actions across federal programs
- 10- DoD, Department of Veterans Affairs, and the Office of Personnel Management should consider actions to ensure robust contraception coverage, provide technical assistance, and educate federal employees and beneficiaries about access.
- 11- Education department leadership should convene colleges and universities to share best practices for making contraception affordable and raise awareness among students.
- 12Federally funded providers and programmatic supports
- 13- Actions to expand the availability and quality of voluntary family planning services at federally funded centers (e.g., Title X, HRSA-funded health centers, Indian Health Service).
- 14- Increased training and technical assistance for providers, support for culturally and linguistically appropriate care, guidance on confidentiality protections, and research to identify gaps and demonstrate the benefits of comprehensive contraception coverage.
- 15Privacy, non-discrimination, and protections
- 16- Proposes strengthening HIPAA-related privacy protections to limit disclosure of protected health information relating to lawful reproductive healthcare’s contraception use under certain circumstances.
- 17- Encourages ensuring healthcare providers receiving federal funds do not deny care based on grounds protected by federal law.
- 18General and implementation provisions
- 19- The order is to be implemented consistent with law and funding availability; it does not create enforceable new rights or benefits in itself.
- 20- Emphasizes that actions will be carried out under existing statutory authority and subject to appropriations.