S-4381 : Still Just a Bill

S. 4381, the "Right to Contraception Act," seeks to establish a statutory right for individuals to access and use contraceptives, and for healthcare providers to provide contraceptives and related information. Key provisions include:

• Definitions: Defines "contraception," "contraceptive," "government," "health care provider," and "state."
• Purpose: Aims to provide a clear right to contraception, allow individuals to obtain contraceptives, enable healthcare providers to facilitate care, and protect individual decision-making related to healthcare and family planning.
• Permitted Services: Guarantees individuals the right to obtain contraceptives and voluntarily engage in contraception without coercion. Healthcare providers have the right to provide contraceptives, contraception, and related information. Limitations are restricted if they single out contraception-related services or impede access.
• Applicability and Preemption: Generally supersedes federal and state laws that conflict with the Act, preventing restrictions on the sale, provision, or use of contraceptives. However, it does not affect existing federal law related to coverage under group health plans or federal healthcare programs.
• Enforcement: Allows the Attorney General to bring civil actions against states or government officials violating the Act. It also provides a private right of action for individuals or entities adversely affected by violations, including healthcare providers acting on behalf of themselves, their staff, or their patients. Courts may award equitable relief and attorney's fees to prevailing plaintiffs.

In essence, the bill aims to codify and protect access to contraception at the federal level, preempting conflicting state laws, while providing avenues for legal recourse against violations.