(a) (1) A health insurance plan shall provide coverage for outpatient contraceptive services including sterilizations, and shall provide coverage for the purchase of all prescription contraceptives and prescription contraceptive devices approved by the U.S. Food and Drug Administration (FDA), except that a health insurance plan that does not provide coverage of prescription drugs is not required to provide coverage of prescription contraceptives and prescription contraceptive devices.

1. (2) A health insurance plan providing coverage required under this section shall not establish any rate, term, or condition that places a greater financial burden on a covered individual for access to contraceptive services, prescription contraceptives, and prescription contraceptive devices than for access to treatment, prescriptions, or devices for any other health condition.

(b) A health insurance plan shall provide coverage without any deductible, coinsurance, co-payment, or other cost-sharing requirement for at least one drug, device, or other product within each method of contraception for women identified by the FDA and prescribed by a covered individual’s health care professional.

1. (1) The coverage provided pursuant to this subsection shall include patient education and counseling by the covered individual’s health care provider regarding the appropriate use of the contraceptive method prescribed.

2. (2) (A) If there is a therapeutic equivalent of a drug, device, or other product for an FDA-approved contraceptive method, a health insurance plan may provide coverage for more than one drug, device, or other product and may impose cost-sharing requirements as long as at least one drug, device, or other product for that method is available without cost sharing.

   1. (B) If a covered individual’s health care professional recommends a particular service or FDA-approved drug, device, or other product for the covered individual based on a determination of medical necessity, the health insurance plan shall defer to the health care professional’s determination and judgment and shall provide coverage without cost sharing for the drug, device, or product prescribed by the health care professional for the covered individual.

(e) (1) A health insurance plan shall provide coverage for a supply of prescribed contraceptives intended to last over a 12-month duration, which may be furnished or dispensed all at once or over the course of the 12 months at the discretion of the health care provider. The health insurance plan shall reimburse a health care provider or dispensing entity per unit for furnishing or dispensing a supply of contraceptives intended to last for 12 months.

1. (2) This subsection shall apply to Medicaid and any other public health care assistance program offered or administered by the State or by any subdivision or instrumentality of the State.