HB 2371: Health insurance; coverage for contraceptive drugs and devices. - Virginia

Governor Substitute Not Adopted → Enrolled · 7 edits · Mar 10, 2025

MODERATE

The bill was converted from a Governor's substitute proposing a new right to access contraception to an enrolled act that mandates health insurance coverage for contraceptive drugs and devices. The primary change is a shift from establishing a constitutional right for individuals to requiring insurers to provide specific contraceptive coverage in their plans.

Scope change

The bill's scope changed from a broad declaration of individual rights and an exemption for providers to a specific mandate requiring insurers, corporations, and health maintenance organizations to cover FDA-approved contraceptives.

SCOPE

Replaced a new chapter establishing a right to access contraception with an amendment to an existing health insurance coverage statute.

DEFINITION

Added specific legal definitions for 'Contraceptive device', 'Contraceptive drug', 'FDA', 'Medical need', and 'Therapeutically equivalent version'.

REQUIREMENT

Mandated that insurers and health plans offering prescription drug coverage must also cover FDA-approved contraceptive drugs and devices.

Prohibited insurers from imposing unequal copayments or fees on contraceptive benefits compared to other prescription drugs.

Required that if multiple equivalent contraceptive options exist, at least one must be available without cost-sharing, and the specific recommended option must be covered without cost-sharing if medically necessary.

TIMELINE

Established that the new coverage requirements apply to contracts, policies, or plans delivered, issued, or renewed on or after January 1, 2026.

ELIGIBILITY

Removed provisions allowing private institutions or physicians to refuse to provide contraception based on religious or conscientious objection.

Engrossed → Governor Substitute Not Adopted · 6 edits

MODERATE

The bill was converted from a version mandating insurance coverage for contraceptives to a Governor Substitute that establishes a state right to access contraception while explicitly protecting private institutions and physicians from liability if they refuse to provide such services based on religious or conscientious objections.

Scope change

The bill's scope shifted from requiring insurance plans to cover contraceptive drugs and devices to establishing a general public policy right to access contraception with specific exemptions for religious objections.

REQUIREMENT

Removed the mandate requiring insurers, corporations, and health maintenance organizations to cover contraceptive drugs and devices in their policies.

Added a declaration that individuals have a public policy right to access contraception, citing specific U.S. Supreme Court cases.

DEFINITION

Removed the specific legal definitions for terms like 'contraceptive drug,' 'contraceptive device,' 'medical need,' and 'therapeutically equivalent version'.

TIMELINE

Removed the effective date provision that set coverage requirements to begin on January 1, 2026.

ENFORCEMENT

Added an explicit exemption stating that private institutions, physicians, and their employees cannot be held liable for refusing to provide contraception based on religious or conscientious objections.

SCOPE

Changed the bill structure from amending an existing insurance code section to adding a new chapter to the Code of Virginia focused on rights and exceptions.

Finance and Appropriations Substitute → Engrossed · 2 edits · Mar 7, 2025

MINOR

The bill was transitioned from a Senate substitute version to an Engrossed version, incorporating House amendments. The most significant change is the modification of the effective date for the bill's provisions, which were updated to apply to contracts issued or renewed on or after January 1, 2026, rather than the previous July 1, 1997 date. Additionally, the House amendments were formally recorded in the text.

Scope change

The scope of applicability was updated to reflect a new effective date of January 1, 2026, replacing the original 1997 date.

TIMELINE

The effective date for the bill's provisions was changed from July 1, 1997, to January 1, 2026.

TECHNICAL

The text was updated to include House amendments in brackets, formally recording the changes made by the House of Delegates.

Introduced → Finance and Appropriations Substitute · 3 edits

MINOR

This bill was amended by the Senate Finance and Appropriations Committee to replace the original House version. The primary change is a significant shift in the effective date for new insurance coverage requirements, moving from January 1, 2026, back to July 1, 1997. Additionally, the amendment removes a specific clause that would have precluded the use of closed formularies for contraceptives.

Scope change

The bill's applicability timeline was altered to apply to contracts issued or renewed on or after July 1, 1997, rather than January 1, 2026.

TIMELINE

The effective date for the new contraceptive coverage requirements was changed from January 1, 2026, to July 1, 1997, expanding the number of existing policies subject to the law.

REQUIREMENT

A provision that would have restricted insurance plans from using closed formularies for contraceptives was deleted.

TECHNICAL

The bill header was updated to reflect that this is a Senate Substitute amendment proposed by the Finance and Appropriations Committee.

Health insurance; coverage for contraceptive drugs and devices.

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