HHS Issues Pharmacies’ Obligation to Ensure Access to Reproductive Care

The overturning of Roe v. Wade by the United States Supreme Court has left many people anxious about access to reproductive healthcare. Earlier this week, the HHS established guidelines for retail pharmacies outlining their obligations to ensure access to reproductive care. This announcement was empowered by President Biden’s executive order on the issue.  

The official guidance starts by saying, “As our nation faces another significant healthcare crisis, this guidance is to remind the roughly 60,000 retail pharmacies in the United States of the unique role pharmacies play in ensuring access to comprehensive reproductive health care services.” 

The organization highlights prevalent inequities in maternal and reproductive care.  

The US has one of the highest maternal mortality rates among developed nations. According to the CDC, in 2020, the national maternal mortality rate was 23.8 deaths per 100,000 live births, an average of 3.7 deaths higher than the previous year. Furthermore, rates are significantly higher for Black women, who averaged 55.3 deaths per 100,000 live births.  

As mentioned in the HHS guidance, these issues and care gaps are only expected to worsen following the SCOTUS ruling.  

The guidance says that an estimated 66% of adults in the US use one or more prescription drugs. Furthermore, federal organizations such as Medicare and Medicaid paid for approximately 44% of prescriptions in 2019.  

The organization cautions that “as recipients of federal financial assistance, including Medicare and Medicaid payments, pharmacies are prohibited from discriminating on the basis of race, color, national origin, sex, age, and disability in their programs and activities under a range of federal civil rights laws.” 

They outline and highlight potential types of discrimination that would directly oppose their guidance. 

This guidance aims to help secure access to reproductive care nationwide. With new FDA reviews underway for over-the-counter birth control methods and the support of organizations such as HHS and the AMA, professionals hope to make reproductive care more widely available.  

“We are committed to ensuring that everyone can access healthcare, free of discrimination,” concluded Secretary Becerra in the press release. “This includes access to prescription medications for reproductive health and other types of care.” 

As regulations around reproductive care continue to develop and change, this guidance takes an essential step toward mitigating adverse outcomes and reducing racial inequities.