Amends TCA Title 4; Title 8; Title 53; Title 56; Title 63; Title 68 and Title 71.

PERMITTED SERVICES<br /> <br /> This bill provides that a person has a right to obtain contraceptives and engage in family planning and contraception. This bill requires a healthcare provider to (i) provide contraceptives, contraception, and information related to contraception and family planning to consenting patients or (ii) refer consenting patients to a healthcare provider that can provide contraceptives, contraception, and information related to contraception and family planning. As used in this bill, a "healthcare provider" includes (i) a healthcare practitioner, person, or facility licensed, authorized, certified, registered, or regulated under state or federal law or order, or an executive order of the governor; and (ii) the department of health and any agency, board, council, or committee attached to the department of health.<br /> <br /> This bill prohibits the rights described above from being limited or otherwise infringed through a limitation or requirement that does the following:<br /> <br /> (1) Expressly, effectively, implicitly, or as implemented singles out the provision of contraceptives, contraception, or contraception-related information; healthcare providers who provide contraceptives, contraception, or contraception-related information; or facilities in which contraceptives, contraception, or contraception-related information is provided; or<br /> <br /> (2) Impedes access to contraceptives, contraception, or contraception-related information.<br /> <br /> On order to defend against a claim that a limitation or requirement infringes on a healthcare provider's or patient's rights in violation of this bill, this bill requires a party to establish, by clear and convincing evidence, that (i) the limitation or requirement significantly advances the safety of contraceptives, contraception, and contraception-related information and (ii) the safety of contraceptives, contraception, and contraception-related information or the health of patients cannot be advanced by a less restrictive alternative.<br /> <br /> ACCESS<br /> <br /> On or after July 1, 2024, this bill requires health insurance carriers and public health agencies to ensure affordable access to a wide range of contraceptive methods for all consenting persons. Affordable access must include the following:<br /> <br /> (1) For a health insurance carrier that issues or renews a health insurance policy, plan, or contract of accident or health insurance providing benefits for medical or hospital expenses, providing full coverage for the expenses of the contraceptive method of choice for a person covered by the health insurance carrier; and<br /> <br /> (2) For a public health agency that serves the people of a municipality, providing full coverage for the expenses of the contraceptive method of choice for an uninsured person residing in this state.<br /> <br /> This bill prohibits access to contraceptives from being limited by a person's sex, race, age, gender, income, ability to pay, number of children, marital status, citizenship, or motive.<br /> <br /> PROHIBITIONS AGAINST STATE ACTIONS<br /> <br /> This bill prohibits this state, and any political subdivision of this state, from administering, implementing, or enforcing any law, rule, or other provision having the force and effect of law that does the following:<br /> <br /> (1) Prohibits or restricts the sale, provision, or use of any contraceptives that have been approved by the federal food and drug administration for contraceptive purposes;<br /> <br /> (2) Prohibits or restricts any person from aiding another person in obtaining any contraceptives approved by the federal food and drug administration or other contraceptive methods; or<br /> <br /> (3) Exempts any contraceptives approved by the federal food and drug administration from any other generally applicable law in a way that would make it more difficult to sell, provide, obtain, or use those contraceptives or contraceptive methods.<br /> <br /> This bill provides that an individual or entity who is subject to a limitation or requirement that violates (1)-(3) above may raise such violation as a defense to any cause of action against the individual or entity.<br /> <br /> This bill clarifies that it does not:<br /> <br /> (1) Authorize a government or political subdivision to interfere with a healthcare provider's ability to provide contraceptives or contraception-related information or a person's freedom to obtain contraceptives or to engage in contraception;<br /> <br /> (2) Authorize a healthcare provider, women's resource center, or pregnancy care center to interfere with a person's freedom to obtain contraceptives, to engage in contraception, or to obtain medically supported information related to contraception and family planning to consenting patients;<br /> <br /> (3) Permit or sanction the conduct of any sterilization procedure or contraception use without the patient's voluntary and informed consent; or<br /> <br /> (4) Violate law relative to abortion.<br /> <br /> APPLICABILITY<br /> <br /> This bill applies to contracts or policies of insurance, as applicable, that are issued, entered into, or amended on or after July 1, 2024.<br />