Clarifying coverage requirements

The Secretaries of Health and Human Services, Labor, and the Treasury shall clarify that coverage of contraceptives pursuant to section 2713(a)(4) of the Public Health Service Act (42 U.S.C. 300gg–13(a)(4)) includes coverage of— (1) all over-the-counter contraceptives approved, granted, or cleared by the Food and Drug Administration, even if the enrollee does not have a prescription for the contraceptive; and (2) all prescription contraceptives approved, granted, or cleared by the Food and Drug Administration, except that, in the case of any prescription drug contraceptive for which there is at least one drug or drug-led combination product that is a therapeutic equivalent (as defined in section 314.3(b) of title 21, Code of Federal Regulations (or any successor regulations)), such coverage shall be required with respect to only one such contraceptive among such therapeutically equivalent drugs or drug-led combination products.