Contraceptive Access Laws
Private plans are required to cover an extended supply of contraception.
New Hampshire requires most private plans to cover a 12-month supply of contraception at one time.
- 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.
New Hampshire requires Medicaid to cover a 12-month supply of contraception at one time.
- 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.
New Hampshire 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 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 can prescribe contraception.
New Hampshire allows pharmacists to prescribe or furnish contraception—specifically, the pill, patch, and ring.
- 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 New Hampshire until 23 weeks, 6 days.
- For a list of abortion providers in New Hampshire, visit AbortionFinder.org.
A waiting period is not required for abortion.
Parental notification is required for abortion.
New Hampshire requires a parent or guardian to be notified before a pregnant person under the age of 18 can get an abortion.
- Minors have to provide notice to a parent or guardian about seeking abortion services, but the parent/guardian does not have the legal power to prevent them from accessing 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.
New Hampshire permits all virtual telehealth for the provision of medication abortion.
Medicaid is not required to cover abortion, except in limited circumstances.
New Hampshire 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.
New Hampshire 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.