How do I obtain birth control at no cost as required by California law, and what steps should I take if my plan tries to charge me?

Under California law, most health insurance plans must cover all FDA-approved contraceptive methods without charging you a copay, deductible, or coinsurance. If your plan attempts to charge you, you have a right to challenge the charge through a formal appeal process. Here are the steps to get your birth control at no cost and fight improper charges: Step 1: Confirm Your Plan's Obligations First, check your health plan’s "Evidence of Coverage" or "Summary of Benefits" document, which is available on your insurer's website or by calling member services. Confirm that your plan is regulated by California and not a "self-funded" employer plan, which follows different rules. Step 2: Call Your Health Plan If your pharmacy or doctor’s office tries to charge you, call the member services number on your insurance card immediately. Inform the representative that under California law (Health and Safety Code 1367.25 and Insurance Code 10123.194), your prescribed birth control should be covered at no cost. Often, a billing error can be corrected with this phone call. Note the date and time of your call and who you spoke with. Step 3: File a Formal Grievance If the issue is not resolved, you must file a formal grievance (also called an appeal) with your health plan. You typically have 180 days from the date of the charge or denial to file. Follow the instructions in your plan documents. Submit your grievance in writing, clearly state the facts, and attach copies of any relevant bills or denial letters. Step 4: Request an Independent Medical Review (IMR) If your health plan denies your grievance, you can escalate your appeal to the state. Depending on your plan type, you will file a request for an IMR with either the Department of Managed Health Care (DMHC) or the California Department of Insurance (CDI). You have six months from your plan's final denial to file this request. The state’s decision is binding on your health plan. Important considerations: California law requires coverage for all 18 FDA-approved contraceptive methods for women, including pills, IUDs, sterilization, and over-the-counter options like emergency contraception. This also includes related appointments and services without cost-sharing. If your doctor says a specific brand or method is medically necessary, your plan must cover it without a copay, even if it is not their preferred drug. Note: Pay close attention to deadlines. Missing the 180-day grievance deadline or the 6-month IMR deadline can forfeit your right to appeal. Certain religious employers may be exempt from this contraceptive coverage mandate. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.
Disclaimer: This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
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