HB 1220

This bill enacts the "Tennessee Contraceptive Freedom Act, "" as described below. PERMITTED SERVICES This bill provides that every individual has a fundamental right to make decisions about the individual's reproductive health care, including the fundamental right to use or refuse contraceptives or contraceptive supplies. Such rights must not be limited or otherwise infringed through a limitation or requirement that ( i ) e xpressly, effectively, implicitly, or as implemented singles out the provision of contraceptives, contraception, or contraception-related information; healthcare providers who provide contraceptives, contraception, or contraception-related information; or facilities in which contraceptives, contraception, or contraception-related information is provided; or ( ii ) i mpedes access to contraceptives, contraception, or contraception-related information. This bill requires a healthcare provider to (i) p rovide contraceptives, contraception, and information related to contraception and family planning to consenting patients; or (ii) r efer consenting patients to a healthcare provider that can provide contraceptives, contracepti on, and information related to contraception and family planning. In order to defend against a claim that a limitation or requirement infringes on a healthcare provider's or patient's rights in violation of this bill, this bill requires a party to establ ish, by clear and convincing evidence, that (i) t he limitation or requirement significantly advances the safety of contraceptives, contraception, and contraception-related information; and ( ii ) t he safety of contraceptives, contraception, and contraception -related information or the health of patients cannot be advanced by a less restrictive alternative. ACCESS On or after July 1, 2025, this bill requires health insurance carriers and public health agencies to ensure affordable access to a wide range of contraceptive methods for all consenting individuals. Affordable access must include the following:  For a health insurance carrier that issues or renews a health insurance policy, plan, or contract of accident or health insurance providing benefits for medical or hospital expenses, providing full coverage for the expenses of the contraceptive method of choice for an individual covered by the health insurance carrier .  For a public health agency that serves the people of a municipality, providing full coverage for the expenses of the contraceptive method of choice for an uninsured individual residing in this state. This bill prohibits a ccess to contraceptives from be ing limited by an individual's sex, race, age, gender, income, ability to pay, number of children, marital status, citizenship, or motive. APPLICABILITY This bill prohibits the state, and any political subdivision of th e state, from administer ing, implement ing, or enforc ing any law, rule, or other provision having the force and effect of law that results in any of the following:  Prohibits or restricts the sale, provision, or use of any contraceptives that have been approved by the federal food and drug administration for contraceptive purposes .  Prohibits or restricts an individual from aiding another individual in obtaining any contraceptives approved by the federal food and drug administration or other contraceptive methods .  Exempts any contraceptives approved by the federal food and drug administration from any other generally applicable law in a way that would make it more difficult to sell, provide, obtain, or use those contraceptives or contraceptive methods. This bill authorizes a n individu al or entity that is subject to a limitation or requirement in violation of the above provisions to raise such provisions as a defense to any cause of action against the individual or entity. CONSTRUCTION This bill clarifies that it must be liberally co nstrued to effectuate its purposes and that it does not result in any of the following:  Authori zing a government or political subdivision to interfere with a healthcare provider's ability to provide contraceptives or contraception-related information or an individual's freedom to obtain contraceptives or to engage in contraception .  Authoriz ing a healthcare provider, women's resource center, or pregnancy care center to interfere with an individual's freedom to obtain contraceptives, to engage in contraception, or to obtain medically supported information related to contraception and family planning to consenting patients .  Permit ting or sanction ing the conduct of any sterilization procedure or contraception use without the patient's voluntary and informed consent .  Violat ing the criminal abortion laws of this state ."