Contraceptive Access Laws
Private plans are not required to cover an extended supply of contraception.
Pennsylvania 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.
- A bill pending in the Pennsylvania legislature would require Medicaid, CHIP, and private plans to cover a 12-month supply of oral contraceptives at one time.
- 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.
Pennsylvania 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 Medicaid isn’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.
- A bill pending in the Pennsylvania legislature would require Medicaid, CHIP, and private plans to cover a 12-month supply of oral contraceptives at one time.
- 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.
Pennsylvania 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.
- A bill pending in the Pennsylvania legislature would require private health insurers to cover the full range of contraceptive methods, without additional cost-sharing. For more information on this legislation and the states that have enacted similar laws, 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.
Pennsylvania 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, visit Birth Control Pharmacist.
Abortion Access Laws
Abortion is permitted.
Abortion is permitted in Pennsylvania until 23 weeks, 6 days.
- For a list of abortion providers in Pennsylvania, visit AbortionFinder.org.
A waiting period is required for abortion.
Pennsylvania 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.
Pennsylvania 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 permitted for medication abortion.
Pennsylvania permits all virtual telehealth for the provision of medication abortion.
Medicaid is not required to cover abortion, except in limited circumstances.
Pennsylvania 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
Some health care provision is protected by shield laws.
Pennsylvania has some legal safeguards for reproductive health care.
- For details, visit UCLA’s State Shield Law Tracker.
Shield law protections do not apply to patients outside of the state.
Pennsylvania does not offer protections to providers who may be using telehealth and conducting visits with patients in other states.
- There are no protections from out-of-state investigations or legal action, (such as extradition and arrests, or the issuance of subpoenas, search warrants, and witness summons) for providers using telehealth and conducting visits with patients in hostile states.
Shield laws protect from out-of-state investigations and prosecutions.
Pennsylvania offers protection to 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 Pennsylvania 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 do not protect from professional discipline.
- Shield laws do not include protections for health care providers from losing their license or facing board discipline as a result of performing, recommending, or providing reproductive or gender-affirming care.
Shield laws do not protect against civil liability.
- Shield law does not include protections against civil lawsuits or judgements related to providing, seeking, or supporting reproductive health or gender-affirming care.
Shield laws do not include protections related to professional liability insurance and health plans.
- Shield laws do not prevent malpractice and liability insurers from dropping a health care provider, raising rates, or denying coverage because they provide abortion, contraception, or gender-affirming care.
Shield laws do not include protections against disclosure of medical information for lawfully protected health care.
- Shield laws do not include protections against the disclosure of medical information to other states for lawfully protected health care.