VirginiaSB3612026 Regular SessionSenateWALLET

Health insurance; coverage for contraceptive drugs & devices, including over-the-counter.

Sponsored By: Jennifer D. Carroll Foy (Democratic)

Became Law

Summary

Health insurance; coverage for contraceptive drugs and devices. Requires health insurance carriers to provide coverage, under any health insurance contract, policy, or plan that includes coverage for prescription drugs on an outpatient basis, for contraceptive drugs and contraceptive devices approved by the U.S. Food and Drug Administration, including those available over-the-counter. The bill prohibits a health insurance carrier from imposing upon any person receiving prescription contraceptive benefits pursuant to the provisions of the bill any copayment, coinsurance payment, or fee, except in certain circumstances. Additionally, the bill requires any health benefit plan that provides coverage for hormonal contraceptives to provide point-of-sale coverage without cost-sharing at in-network pharmacies for hormonal contraceptives available over-the-counter. This bill is identical to HB 1182.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 1 costs, 2 mixed.

12-month supplies, no-cost OTC in-network

For plans amended, renewed, or delivered on or after January 1, 2018, and that cover hormonal birth control, up to a 12‑month supply can be dispensed at once. Over‑the‑counter hormonal birth control is covered at the register with no cost‑sharing at in‑network pharmacies. Plans may not limit supplies below 12 months unless a clinician documents a medical reason. A provider does not have to prescribe or dispense a 12‑month supply. Plans do not have to cover out‑of‑network pharmacies or providers unless other law or plan terms require it.

Birth control coverage and fair costs

If your plan includes outpatient prescription drugs, it covers any FDA‑approved birth control, including over‑the‑counter. Plans cannot charge higher copays or coinsurance for contraceptives than for others in the same benefit tier. When several equivalent versions exist, at least one is covered with no cost; a provider’s medically needed choice is also covered with no cost. Insurers cannot add extra steps or delays, and must post clear coverage details and mail them on request. Plans may use a closed drug list, but it must include pills, implants, shots, IUDs, and prescription barrier methods. Plans that have no drug coverage do not have to add it, and non‑FDA methods are not covered.

Rules apply at 2027 plan renewal

These rules apply to policies, contracts, and plans delivered, issued for delivery, or renewed in Virginia on or after January 1, 2027. If your plan was delivered or renewed before that date, the act’s requirements do not apply until your plan renews on or after January 1, 2027.

Sponsors & Cosponsors

Sponsor

  • Jennifer D. Carroll Foy

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 402 • No: 164

House vote 4/22/2026

House concurred in Governor's recommendation

Yes: 65 • No: 33

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 23 • No: 16

Senate vote 4/22/2026

Reconsideration of

Yes: 39 • No: 0

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 24 • No: 15

Senate vote 3/5/2026

House substitute agreed to by Senate

Yes: 23 • No: 16

House vote 3/3/2026

Passed House with substitute

Yes: 65 • No: 32

House vote 2/26/2026

Reported from Labor and Commerce with substitute

Yes: 15 • No: 6

House vote 2/24/2026

Subcommittee recommends reporting with substitute

Yes: 6 • No: 3

Senate vote 2/16/2026

Reconsideration of passage agreed to by Senate

Yes: 39 • No: 0

Senate vote 2/16/2026

Read third time and passed Senate

Yes: 23 • No: 16

Senate vote 2/16/2026

Read third time and passed Senate

Yes: 23 • No: 16

Senate vote 2/13/2026

Committee substitute agreed to (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/12/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 40 • No: 0

Senate vote 2/12/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/11/2026

Reported from Finance and Appropriations

Yes: 10 • No: 5

Senate vote 2/2/2026

Reported from Commerce and Labor with substitute and rereferred to Finance and Appropriations

Yes: 7 • No: 6

Actions Timeline

  1. House concurred in Governor's recommendation (65-Y 33-N 0-A)

    4/22/2026House
  2. Senate concurred in Governor's recommendation (24-Y 15-N 0-A)

    4/22/2026Senate
  3. Reconsideration of (39-Y 0-N 0-A)

    4/22/2026Senate
  4. Senate concurred in Governor's recommendation (23-Y 16-N 0-A)

    4/22/2026Senate
  5. Acts of Assembly Chapter text (CHAP1007)

    4/22/2026Governor
  6. Reenrolled bill text (SB361ER2)

    4/22/2026Senate
  7. Reenrolled

    4/22/2026Senate
  8. Approved by Governor-Chapter 1007 (effective 7/1/2026)

    4/22/2026Governor
  9. Signed by President

    4/22/2026Senate
  10. Signed by Speaker

    4/22/2026House
  11. Governor's recommendation adopted

    4/22/2026Governor
  12. Governor's recommendation received by Senate

    4/11/2026Governor
  13. Fiscal Impact Statement from Department of Planning and Budget (SB361)

    4/1/2026Senate
  14. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  15. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026Senate
  16. Signed by Speaker

    3/12/2026House
  17. Bill text as passed Senate and House (SB361ER)

    3/11/2026Senate
  18. Enrolled

    3/11/2026Senate
  19. Signed by President

    3/11/2026Senate
  20. House substitute agreed to by Senate (23-Y 16-N 0-A)

    3/5/2026Senate
  21. Passed House with substitute (65-Y 32-N 0-A)

    3/3/2026House
  22. Engrossed by House - committee substitute

    3/3/2026House
  23. committee substitute agreed to

    3/3/2026House
  24. Read third time

    3/3/2026House
  25. Fiscal Impact Statement from Department of Planning and Budget (SB361)

    3/3/2026Senate

Bill Text

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