Regulatory Updates

The Departments of Health and Human Services (HHS), Labor (DOL), and the Treasury have issued a Request for Information (RFI) on how best to ensure coverage and access to over-the-counter (OTC) preventive services, including the benefits of requiring most health insurance plans to cover these services at no cost and without a prescription by a health care provider. Under the Affordable Care Act, most plans and issuers must cover certain recommended preventive items and services at no cost. Several of these recommended preventive items and services are currently available to consumers OTC without a prescription but are not required to be covered without cost sharing unless prescribed by a health care provider. 

Comments are requested on access to a range of OTC items for preventive care that can be purchased without a prescription, including contraceptives, tobacco smoking cessation products, folic acid during pregnancy, and breastfeeding supplies.

The HHS announcement stated the goal of the RFI is to understand the potential challenges and benefits for interested parties, including group health plans, insurance companies, pharmacies, consumers and health care providers, to provide coverage at no cost for recommended OTC preventive products without requiring a prescription; and to expand their understanding of the potential health equity effects of requiring such coverage in addressing systemic racism and historic inequity for women and LGBTQIA communities.