Contraceptive Access Laws
Private plans are not required to cover an extended supply of contraception.
Florida does not require private plans to cover a 6-month supply (or more) of contraception at one time.
- Most private insurers traditionally cover one to three months of contraception at a time. While private plans aren’t required to cover a 6-month or 12-month supply at once, it’s still worth writing the prescription for the longest duration appropriate as extended provision of contraception may be available.
- For more information on the states that have enacted policies requiring Medicaid and/or private health insurers to cover an extended supply of contraception, visit Power to Decide’s map.
Medicaid is not required to cover an extended supply of contraception.
Florida does not require Medicaid plans to cover a 6-month supply (or more) of contraception at one time.
- Medicaid traditionally covers one to three months of contraception at a time. While private plans aren’t required to cover a 6-month or 12-month supply at once, it’s still worth writing the prescription for the longest duration appropriate as extended provision of contraception may be available.
- For more information on the states that have enacted policies requiring Medicaid and/or private health insurers to cover an extended supply of contraception, visit Power to Decide’s map.
Private plans are not required to offer additional coverage beyond the federal ACA contraceptive coverage requirement.
Under the federal Affordable Care Act (ACA) contraceptive coverage mandate, most private plans are required to cover at least one contraceptive in each of the FDA-approved contraceptive method categories for women, as prescribed, without copays or deductibles.
Florida does not reinforce the federal requirement or offer additional contraceptive coverage protections.
- If your patient is having an issue with their contraceptive coverage, you can direct them to the National Women’s Law Center CoverHer resource so they can find out if their insurance company is incorrectly charging them and how to get these services covered.
- For more information on the states that have enacted state laws that require private health insurers to cover the full range of contraceptive methods, without additional cost-sharing, visit Power to Decide’s map.
- The Health Resources and Services Administration (HRSA) maintains a comprehensive list of sexual and reproductive health services and contraceptive methods that insurance plans are required to cover without copays or deductibles.
Private plans are not required to cover over-the-counter (OTC) contraception without a prescription.
- Write prescriptions for OTC contraceptive methods so that patients can utilize health insurance benefits whenever possible.
- For more information on the states that require private plans to cover some OTC methods, visit Power to Decide’s map.
Medicaid is not required to cover over-the-counter (OTC) contraception without a prescription.
- Write prescriptions for OTC contraceptive methods so that patients can utilize Medicaid benefits whenever possible.
- For more information on the states where Medicaid is required to cover some OTC contraceptive methods, see KFF’s State Tracker.
Pharmacists cannot prescribe contraception.
Florida does not allow pharmacists to prescribe or furnish contraception without a prescription from a physician.
- Patients might live close to a bordering state where pharmacists are allowed to prescribe contraception. To see a map of pharmacies that prescribe birth control in other states, visit Birth Control Pharmacist.
Abortion Access Laws
Abortion is permitted, but there is a pre-viability ban.
Abortion is permitted in Florida, until 6 weeks, 0 days.
- For a list of abortion providers in Florida and nearby states, visit AbortionFinder.org.
A waiting period is required for abortion.
Florida requires a pregnant person to visit their abortion provider for in-person counseling and then wait 24 hours before returning to get an abortion.
- Become familiar with the waiting law exceptions in your state. Most states with a waiting period have at least one exception (medical emergency, life endangerment, sexual assault) under which the waiting period can be waived. For more information on state waiting periods and exceptions, visit Abortion Finder’s State-by-State Guide.
- When referring patients for abortion care, educate them about the waiting period so they know what to expect and can plan appropriately.
Parental consent is required for abortion.
Florida requires a parent or guardian to consent before a pregnant person under the age of 18 can get an abortion.
- Minors have to gain written consent from a parent/guardian prior to receiving abortion services.
- Judicial bypass may be an option if a minor cannot notify or get permission from a parent or legal guardian. Let patients know that help is available via the If/When/How Repro Legal Helpline.
Telehealth is not permitted for medication abortion.
Florida does not permit the use of telehealth for medication abortion.
- Some virtual providers offer abortion pills to people nationwide. For more information, visit Abortion Finder’s Telehealth Guide.
- Patients are unable to access telehealth medication abortion services from providers practicing under a Florida license. Patients accessing telehealth medication abortion services in Florida may be receiving care from providers in shield law states. To learn more about possible legal risk, visit the website for the Repro Legal Helpline.
Medicaid is not required to cover abortion, except in limited circumstances.
Florida Medicaid only covers abortion in cases that meet the federal Hyde requirement (life endangerment, rape, and incest).
- It can be difficult to get Medicaid to cover abortion in states that only cover abortion in these narrow cases. The National Network of Abortion Funds has more information to help patients who are interested in applying for Medicaid.
Shield Laws
Health care provision is not protected by shield laws.
Florida does not have shield laws protecting providers from potential out-of-state investigations and prosecutions, professional discipline from licensing or board entities, civil liability, professional liability insurance, or sharing of medical information/data related to reproductive or gender-affirming care.
- For more information on states with shield laws that protect reproductive and gender-affirming health care, visit UCLA’s State Shield Law Tracker.