Virginia legislation · 2026 Regular Session
Virginia SB361: An Act to amend and reenact §§ 38.2-3407.5:1 and 38.2-3407.5:2 of the Code of Virginia, relating to health insurance; coverage for contraceptive drugs and devices.
Status: Chaptered, April 22, 2026
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. The bill also requires each insurer to provide information about contraceptive coverage on its website and by mail upon request. This bill is identical to HB 1182.
What the bill says
An Act to amend and reenact §§ 38.2-3407.5:1 and 38.2-3407.5:2 of the Code of Virginia, relating to health insurance; coverage for contraceptive drugs and devices. [S 361] Approved April 22, 2026 1. That §§ 38.2-3407.5:1 and 38.2-3407.5:2 of the Code of Virginia are amended and reenacted as follows: § 38.2-3407.5:1. Coverage for contraceptives. A. [DELETED: Each] As used in this section: "Contraceptive device" means any device or non-drug product that has been approved as a contraceptive by the FDA. "Contraceptive drug" means any drug approved as a contraceptive by the FDA. "FDA" means the U.S.
From the enrolled text, April 22, 2026:
An Act to amend and reenact §§ 38.2-3407.5:1 and 38.2-3407.5:2 of the Code of Virginia, relating to health insurance; coverage for contraceptive drugs and devices. [S 361] Approved April 22, 2026 1. That §§ 38.2-3407.5:1 and 38.2-3407.5:2 of the Code of Virginia are amended and reenacted as follows: § 38.2-3407.5:1. Coverage for contraceptives. A. [DELETED: Each] As used in this section: "Contraceptive device" means any device or non-drug product that has been approved as a contraceptive by the FDA. "Contraceptive drug" means any drug approved as a contraceptive by the FDA. "FDA" means the U.S. Food and Drug Administration. "Medical need" includes considerations such as severity of side effects, difference in permanence and reversibility of a contraceptive drug or contraceptive device, or an ability to adhere to the appropriate use of such drug or device, as determined by an attending health care provider. "Therapeutically equivalent version" means a drug or device that has the same clinical effect and safety profile as another drug or device and that meets the criteria for therapeutic equivalence as determined by the FDA. B. Notwithstanding the provisions of § 38.2-3419, each (i) insurer proposing to issue individual or group accident and sickness insurance policies providing hospital, medical and surgical or major medical coverage on an expense incurred basis; (ii) corporation providing individual or group accident …