California

Cal. Insurance Code § 10123.196 and Cal. Health & Safety Code § 1367.25 (1999) requires certain health insurance policies that already cover prescription drugs to provide coverage for prescription contraceptive methods approved by the U.S. Food and Drug Administration (FDA). This law allows for a religious exemption.

Cal. Health and Safety Code § 13823.11 (2002) provides a female victim of sexual assault with the option of postcoital contraception by a physician or other health care provider, and postcoital contraception shall be dispensed by a physician or other health care provider upon the request of the victim. (A.B. 1860)

Delaware

Del. Code Ann. tit. 18, § 3559 (2000) requires insurers that provide coverage for outpatient prescriptive drugs to provide coverage for prescription contraceptive drugs and devices. Religious employers are exempt. [Vol. 72 Del. Laws, Chap. 311 (SB 87)]

Hawaii

Hawaii Rev. Stat. § 432:1-604.5 and 431:10A-116.7 (1999) directs that employer group health policies, contracts, plans or agreements must cease to exclude contraceptive services or supplies, and must not charge "unusual" copayments or impose waiting requirements. The law includes a religious exemption. [Hawaii Laws, chap. 267 § 2]

Hawaii Rev. Stat. § 431:10A-116.6 (1999) defines a religious employer, and states that such an employer may request a health insurance plan without coverage for contraceptive services and supplies. The health insurer must provide a plan without such coverage. The law defines contraceptive services and contraceptive supplies. [Hawaii Laws, Chap. 267 § 2]

Iowa

Iowa Code § 514C.19 (2000) prohibits specified health insurance plans, including a public employer plan, that provides benefits for outpatient prescription drugs, devices, or services from excluding or restricting benefits for FDA-approved prescription contraceptives drugs, devices, or outpatient services. [Iowa Acts, Chap. 1120 (SF 2126)]

Maryland

Md. Health-General Code Ann. § 19-706 and Md. Insurance Code Ann. § 15-826 (1998) require private insurers to provide comprehensive coverage for contraceptives. The law allows for a religious exemption.

Missouri

Mo. Rev. Stat. § 376.1199 (2001) requires health carriers that provide pharmaceutical coverage to include coverage for contraceptives, excluding drugs and devices that are intended to induce an abortion. The bill clarifies that coverage for prescriptive contraceptive drugs or devices is not excluded if prescribed for other diagnosed medical conditions. The bill exempts specified insurance policies, including health carriers owned and operated by religious entities, from the provisions of the bill. The bill prohibits discrimination against an enrollee because of the enrollee's request regarding contraceptive coverage. The bill requires carriers to maintain the confidentiality any individual's request for contraceptive coverage. (H.B. 762)

New Hampshire

N.H. Rev. Stat. Ann. §§ 415:18-I, 420-A:17-c and 420-B:8-gg (1999) requires health insurers, health service corporations, and health maintenance organizations to provide coverage for outpatient contraceptive services. The law also states that health insurers that provide prescription riders must cover all prescription contraceptive drugs and prescription contraceptive devices approved by the FDA under the same terms and conditions as other prescription drugs.

New York

N.Y. Acts, Chap. No. 554 (2002) requires most insurance plans to allow enrollees direct access to obstetrician/reproductive and women's health services. Religious employers, defined as a non-profit organization whose primary purpose is the inculcation of religious values and which primarily employs and serves persons who share the employer's religious values, are allowed to deny employees contraceptive coverage provided that employees are informed in writing of such exclusions. Such employers have the right to directly purchase such coverage at a community rated small group rate. Additionally, most insurers must provide written notice to enrollees of their right to directly purchase, for an additional premium, a rider for coverage of contraceptives. (A.B. 11723)

Ohio

Ohio Rev. Code Ann. § 1751.01 (A)(7) requires health insurance corporations to provide basic health services, including medically necessary voluntary family planning services.

Texas

Tex. Insurance Code Ann. § 21.52L (2001) prohibits a health benefit plan that provides benefits for prescription drugs or devices from excluding for prescription contraceptives. The law does not apply to coverage for abortifacients or any other drug or device that terminates a pregnancy. The law prohibits a health benefit plan from imposing cost-sharing provisions on prescription contraceptives. The law states that a health benefit plan may not impose any waiting period for prescription contraceptives. The law does not require a health benefit plan associated with a religious organization to offer a medical or health care service that violates the religious convictions of the organization, except if the prescription contraceptive coverage is necessary to preserve the life or health of the insured individual. [HB 2382]

Virginia

Va. Code §§ 2.1-201.1, 32.1-325 and 38.2-3407.4:2 (2001) requires that the health and related insurance for state employees include coverage for prescription drugs and devices used as contraceptives. [Va. Laws, Chap. 334 (H 2654)]

Va. Code § 38.2-3407.5:1 (1997) requires insurers that provide coverage for prescription drugs to offer and make available coverage for FDA-approved contraceptive drugs or devices, at the option of the purchaser. This law is not a mandate for coverage.

West Virginia

W. Va. Code § 33-25A-2(1), (11) (1996, 1997) requires HMOs to provide or make available basic health care services that encompass coverage for voluntary family planning services.