WASHINGTON — President Joe Biden is introducing a proposed regulation under the Affordable Care Act that would require private health insurance companies to cover the costs of over-the-counter contraceptives without any out-of-pocket expenses for consumers.

This initiative to provide free over-the-counter birth control comes just two weeks ahead of Election Day, as Vice President Kamala Harris and fellow Democrats focus their campaigns on enhancing reproductive rights.

Announced by the White House on Monday, the proposed regulation aims to expand health coverage for nonprescription contraceptives to the approximately 52 million women of reproductive age who are covered by private insurance. Insurance plans would need to include coverage for all FDA-approved contraceptive methods, including a newly available over-the-counter pill named Opill, as well as condoms and spermicides.

“In a time when access to contraception is being threatened, Vice President Harris and I are committed to ensuring quality, affordable contraception is accessible to all,” Biden stated. “We believe every woman, no matter where she lives, should have the autonomy to make vital health care decisions, including the choice to start or expand her family when she decides.”

The rule will enter a 60-day public comment phase before it can be finalized. If approved, this would represent the most substantial expansion of contraception coverage since the Affordable Care Act was enacted over a decade ago.

While the Affordable Care Act already mandates that most private insurance plans cover contraception, this requirement currently only applies to prescription contraceptives and does not encompass over-the-counter options. This new rule was developed by the Departments of Health and Human Services, Labor, and Treasury.

In 2022, Harris cautioned that access to contraceptives might be threatened following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which reversed the 50-year-long constitutional right to abortion initially established by Roe v. Wade.

She referred to a statement by conservative Justice Clarence Thomas, who suggested the Court should “reconsider” past rulings related to the due process clause, highlighting Griswold v. Connecticut, a landmark 1965 case that ruled against laws banning contraception based on privacy rights.

“I think he just articulated what many were thinking,” Harris commented at that time.

During the 2024 campaign, Harris has emphasized the need to restore abortion access, blaming former President Donald Trump for the overturning of Roe due to his appointment of three Supreme Court justices who altered the court’s composition. Harris has referred to new restrictions on abortion rights in Republican-led states as “Trump abortion bans” and has pledged to sign legislation to re-establish Roe if elected.