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Governor Hobbs Makes Birth Control Free To State Employees

May 23, 2024

By Staff Reporter |

Governor Katie Hobbs announced that she would be recognizing birth control as a right, starting with state employees.

The governor issued an executive order on Monday announcing free birth control for state employees, and ordered the state’s Medicaid agency, Arizona Health Care Cost Containment System (AHCCCS), to expand contraception access to its members.

The state already issues oral contraceptives to employees at no cost, but only through a prescription. Hobbs’ executive order got rid of the prescription requirement, ordering the Arizona Department of Administration (ADOA) to cover the cost of current and future over-the-counter contraceptives for state employees.

Hobbs referenced Senate Majority Leader Sonny Borrelli’s take on contraceptives as a criticism of Republicans hesitant to make birth control a right for Arizonans through legislation dubbed the “Right to Contraception Act.”

“While members of our legislature would rather tell Arizona women to put aspirin between their knees than pass the Arizona Right to Contraception Act, I will continue to do everything in my power to protect our reproductive freedom and ensure every Arizonan can access contraception,” said Hobbs. 

Earlier this month, the governor signed into law a repeal of the longstanding and, until the past year, dormant total abortion ban. Now, state law only restricts abortions after 15 weeks.

The governor’s most recent executive order declared that contraceptives qualify as “essential health benefits” (EHB) required of health plans by the Affordable Care Act (ACA), or “Obamacare.” And, recent changes to the Code of Federal Regulations (CFR) enabled states to have more flexibility to determine its EHB-benchmark plan set of benefits. 

Only the prescription contraceptives qualified as EHB, not over-the-counter ones. Hobbs’ executive order changed that. For now, that only applies to Opill, the only FDA-approved over-the-counter birth control option.

Excluding the universities and Board of Regents, both of which operate their own personnel systems, nearly 56 percent of the state’s nearly 38,300-strong workforce is female: around 21,300 individuals. 

Age ranges weren’t defined by ADOA’s annual report, though the average age across both genders was about 44 years old, under the average age of menopause.

The retail price of Opill, the over-the-counter targeted by Hobbs’ executive order, retails at up to $20 per month for a one-month supply. 

ASU has more than 20,600 employees. According to their last 10-year report of campus demographics ending in 2022, the university had nearly 10,600 female employees, though the age ranges weren’t disclosed. 

The University of Arizona reported nearly 16,700 employees last fall, with about 56 percent of them identifying as female. Age wasn’t disclosed.

Northern Arizona University’s annual report shared they had over 4,600 total faculty and staff last year, not distinguished by gender or age. 

ADOA will also be required to provide several reports to Hobbs’ office, one of which will be on benefits and feasibility of access expansion for state employees. That report will be due by June 30. 

Another report with ADOA and the Department of Insurance and Financial Institutions will study the benefits and feasibility of a new Arizona Essential Health Benefits Benchmark Plan mandating reproductive healthcare benefits for individual and small group private health insurance plans, including prescription and over-the-counter contraceptives, reversible contraceptives, infertility treatment, and in vitro fertilization. 

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