Contraceptive Access Laws
Private plans are required to cover an extended supply of contraception.
Massachusetts requires private plans to cover a 12-month supply of contraception at one time. An initial prescription of three months is required before a patient can access an extended supply.
- To prescribe an extended supply of birth control, write the prescription with the appropriate total quantity (e.g., three packs for three months) and indicate the correct number of refills to cover a full year (typically 11 refills). For a full 12-month supply at once, write for a quantity of 13 packs with zero refills.
- Because not all pharmacists are aware of this policy, let patients know that they can ask to try running it through their insurance, even if the pharmacist initially says it won’t be covered.
Medicaid is required to cover an extended supply of contraception.
Massachusetts Medicaid managed care plans cover a 12-month supply of contraception at one time. An initial prescription of three months is required before a patient can access an extended supply.
- To prescribe an extended supply of birth control, write the prescription with the appropriate total quantity (e.g., three packs for three months) and indicate the correct number of refills to cover a full year (typically 11 refills). For a full 12-month supply at once, write for a quantity of 13 packs with zero refills.
- Because not all pharmacists are aware of this policy, let patients know that they can ask to try running it through their insurance, even if the pharmacist initially says it won’t be covered.
Private plans are required to cover contraceptive methods without cost-sharing beyond the federal requirement of the ACA.
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.
Massachusetts goes beyond the federal requirement by requiring private plans to cover all contraceptives, with an exception for therapeutic equivalents.
- Most patients should not be charged copays or deductibles for the full range of FDA-approved contraceptive methods. If your patient is having an issue with their 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.
- State contraceptive coverage laws do not apply to self-insured plans, which are regulated at the federal level. Approximately 57% of private sector enrollees in the US are in self-insured plans. Be prepared to support patients with alternative access options if needed.
- 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, or go beyond the federal ACA requirement, 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 required to cover over-the-counter (OTC) contraception without a prescription.
Massachusetts requires most private plans to cover OTC contraception without a prescription. Specifically, the law covers emergency contraception (EC).
- State contraceptive coverage laws do not apply to self-insured plans, which are regulated at the federal level. Approximately 57% of private sector enrollees in the US are in self-insured plans. Be prepared to support patients with alternative access options if needed.
- Let patients know that insurance coverage protocols vary by plan. Some insurers require checkout at the pharmacy counter. Others may require patients to pay for the contraception and then submit a claim for reimbursement.
Medicaid is required to cover over-the-counter (OTC) contraception without a prescription.
Massachusetts Medicaid managed care plans cover OTC contraception without a prescription. Specifically, the law covers EC and Opill.
- State Medicaid programs that cover OTC contraception without a prescription still require patients to check-out at the pharmacy counter in order for their prescription to be covered.
- Counsel patients on this step to avoid unnecessary costs.
Pharmacists can prescribe contraception.
Massachusetts allows pharmacists to prescribe or furnish contraception—specifically, the pill and the patch.
- Patients can obtain a prescription for contraception directly from a pharmacist, without a separate clinic visit. It is important to note, however, that not all pharmacies offer this service.
- To see a map of pharmacies that prescribe birth control, visit Birth Control Pharmacist.
Abortion Access Laws
Abortion is permitted.
Abortion is permitted in Massachusetts until 26 weeks, 6 days.
- For a list of abortion providers in Massachusetts, visit AbortionFinder.org.
A waiting period is not required for abortion.
Parental consent is required for abortion.
Massachusetts requires a parent or guardian to consent before a pregnant person under the age of 16 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 permitted for medication abortion.
Massachusetts permits all virtual telehealth for the provision of medication abortion.
Medicaid is required to cover abortion beyond federal requirements.
Massachusetts Medicaid covers abortion beyond the federal Hyde requirement of cases involving life endangerment, rape, and incest.
- Medicaid can help pay for abortion services. Patients do not need to meet the federal requirements.
- 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 protected by shield laws.
Massachusetts has some legal safeguards for reproductive and gender-affirming health care.
- For details, visit UCLA’s State Shield Law Tracker.
Shield law protections apply regardless of patient location.
Massachusetts offers protection to providers who may be using telehealth and conducting visits with patients in other states.
- For example, shield laws would offer protection to an abortion provider who lives in a Massachusetts but provides care to individuals in restrictive states via telehealth.
- This may include protections from extradition and arrests; from the issuance of subpoenas, search warrants, and witness summons; and barring state agencies and employees from expending resources for such an investigation.
- For details, visit UCLA’s State Shield Law Tracker.
Shield laws protect from out-of-state investigations and prosecutions.
Massachusetts offers protection for providers who are practicing and seeing patients within their home state.
- For example, shield laws would offer protection for an abortion provider who is providing care in Massachusetts to someone who traveled from another state.
- This may include protections from extradition and arrests; from the issuance of subpoenas, search warrants, and witness summons; and barring state agencies and employees from expending resources for such an investigation.
- For details, visit UCLA’s State Shield Law Tracker.
Shield laws protect from professional discipline.
- Health care providers may be protected from losing their license or facing board discipline as a result of performing, recommending, or providing legally protected care—even if they had been penalized for it in another state.
- For details, visit UCLA’s State Shield Law Tracker.
Shield laws protect against civil liability.
- This may prevent the enforcement of civil lawsuits or judgments from other states that try to punish a health care provider for providing, seeking, or supporting abortion or gender-affirming care. It may also allow for “clawback” actions, which allow providers to sue to recover damages from litigation in another state as a result of providing, receiving, or assisting in the provision of certain health care.
- For details, visit UCLA’s State Shield Law Tracker.
Shield laws include protections related to professional liability insurance and health plans.
- This may prevent malpractice and liability insurers from dropping a health care provider, raising rates, or denying coverage because they provide health care that is lawful in Massachusetts —even if that care is restricted or penalized in another state.
- It may also prevent health insurance plans/insurers from including contract clauses that would cancel or refuse to renew a contract because of out of state legal or disciplinary action regarding care that is legal in Massachusetts.
- For details, visit UCLA’s State Shield Law Tracker.
Shield laws do not include protections against disclosure of medical information for lawfully protected health care.
Beginning January 1, 2026, providers ordering prescriptions for reproductive health care or gender-affirming care will be able to request that the name of their practice appear on the label, instead of the prescriber’s name.
- The state’s shield law does not include protections against the disclosure of medical information to other states for lawfully protected health care.