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There are 24 states that have state legislative mandates*; they are listed below.
If you have members who live in any of these states and their comprehensive health plans do not include contraceptive equity, you may be able to get it covered by bringing the state law to the attention of your health care administrator, as the mandates are not proactively enforced. Please note that self-insured/self-funded plans are not covered by state law. To secure contraceptive equity in these plans, you need to rely on the federal decisions.
Arizona
Adopted: 2002
Effective Date: January 1, 2003
Requires health insurance companies that offer prescription drugs and devices to their members to provide equal coverage of FDA-approved contraceptive drugs and devices. Policies that provide benefits for outpatient services shall also provide coverage for FDA-approved prescription outpatient contraceptive services. Exempts religious employers that primarily employ and serve persons who share the religious tenets of the employer, if the employer also meets IRS non-profit requirements. Employers invoking the exemption must provide prospective enrollees written notice that they refuse to cover all FDA-approved contraceptive methods for religious reasons.
Arkansas
Adopted: 2005
Effective Date: August 12, 2005
Requires health benefit plans that cover prescription drugs to cover FDA-approved prescription contraception. Exempts religious employers that primarily employ and persons who share the religious tenets of the employer, if the employer also meets IRS non-profit requirements. The law does not apply to coverage for abortions, abortifacients, or emergency contraception.
California
Adopted: 1999
Effective Date: January 1, 2000
Requires individual and group health insurance policies that
already cover prescriptions to provide FDA approved prescription
contraception: exempt certain "religious employers"
for whom "the inculcation of religious values is the
purpose of the entity." The religious entity must also
meet the requirements of non-profit status as defined in IRS
code of 1986, as amended.
Connecticut
Adopted: 1999
Effective Date: October 1, 1999
Requires individual and group health insurance policies that
already cover prescriptions to provide FDA-approved prescription
contraception; exempts certain "religious employers",
as defined in IRS Code, from the requirement, as well as certain
insurance companies and providers that are "owned, operated
or substantially controlled by a religious organization which
has religious or moral tenets which conflict" with contraceptive
coverage.
Delaware
Adopted: 2000
Effective Date: June 7, 2000
This Bill requires insurance coverage for all Food and Drug
Administration (FDA) approved prescription contraceptive drugs
and devices. A religious employer may request exemption from
coverage under the policy, plan or contract if the required
coverage conflicts with the religious organization's bona
fide religious beliefs and practices. A religious employer
that obtains an exemption shall provide its employees reasonable
and timely notice of the exclusion.
Georgia
Adopted: 1999
Effective Date: July 1, 1999
Requires every health benefit plan that already covers prescriptions
to provide FDA-approved prescription contraception.
Hawaii
Adopted: 1999
Effective Date: January 1, 2000
Requires employer group health policies, plans, etc. that
cover pregnancy-related services to provide FDA-approved contraceptive
drugs and devices; exempts all entities within a narrowly
defined religious exemption but also requires employees of
exempting employers to be eligible to purchase at low cost
such contraceptive coverage.
Illinois
Adopted: 2003
Effective Date: January 1, 2004
The
Illinois Contraceptive Equity Law prohibits insurance
companies that already cover prescription drugs and devices
from excluding coverage for contraceptives. In addition, the
bill requires plans that cover outpatient medical services
to also cover contraceptive services such as consultations,
examinations and procedures related to pregnancy.
Iowa
Adopted: 2000
Effective Date: July 1, 2000
Requires every health benefit plan that already covers prescriptions
to provide FDA-approved prescription contraception, as well
as outpatient contraceptive services.
Maine
Adopted: 1999
Effective Date: March 1, 2000
Requires insurance policies that provide coverage for prescription
drugs or outpatient medical services to provide coverage for
FDA-approved prescription contraceptives; exempts certain
narrowly defined tax-exempt "religious employers",
as defined in IRS Code.
Maryland
Adopted: 1998
Effective Date: October 1, 1998
Requires insurance policies that provide coverage for prescription
drugs to provide coverage for FDA-approved prescription contraceptive
drugs and devices (including removal); exempts religious organizations
if such coverage conflicts with their "bona fide religious
beliefs and practices".
Massachusetts
Adopted: 2002
Effective Date: January 1, 2003
Requires health benefit plans that already provide coverage
for outpatient prescription drugs and devices to provide coverage
for FDA approved prescription contraceptive drugs or devices
and hormone replacement therapies. Policies that provide benefits
for outpatient services shall also provide coverage for outpatient
contraceptive services including consultations, examinations
and medical procedures related to the use of all FDA approved
contraceptive methods. Exempts policies purchased by an employer
that is a church or qualified church-controlled organization
as defined by US code.
Missouri
Adopted: 2001
Effective Date: January 1, 2002
Requires health benefit plans that provide coverage for pharmaceutical
benefits to provide coverage for all Food and Drug Administration
(FDA) approved prescription drugs and devices; exempts any
health carrier owned, operated, or controlled by an entity
that is opposed to the use of contraceptives pursuant to their
"moral, ethical or religious beliefs." Health benefit
plans that exclude coverage must provide written notice in
informational materials.
Nevada
Adopted: 1999
Effective Date: October 1, 1999
Requires insurance policies that provide coverage for prescription
drugs to provide coverage for FDA-approved prescription contraceptive
drugs and hormone replacement therapies; exempts insurers "affiliated with a religious organization" if it
objects to coverage "on religious grounds."
New Hampshire
Adopted: 1999
Effective Date: January 1, 2000
Requires every health benefit plan that already covers prescriptions
to provide FDA-approved prescription contraception, as well
as outpatient contraceptive services.
New Jersey
Adopted: 2006
Effective Date: July 4, 2006
Requires health benefit plans that provide coverage for pharmaceutical benefits to provide coverage for all Food and Drug Administration (FDA) approved prescription drugs and devices; Religious employers may request an exclusion from the coverage required by this law if the required coverage conflicts with the religious employer's bona fide religious beliefs and practices.
New Mexico
Adopted: 2001
Effective Date: June 19, 2001
Requires insurance policies that provide coverage for prescription
drugs to provide coverage for FDA-approved prescription contraceptive
drugs or devices; allows "religious entities" who
purchase health insurance coverage to elect to exclude prescription
contraceptive drugs or devices.
New York
Adopted: 2002
Effective Date: January 1, 2003
Requires individual and group health insurance policies that
already cover prescriptions to provide FDA approved prescription
contraception; exempts certain "religious employers"
for whom "the inculcation of religious values is the
purpose of the entity." The religious entity must also
primarily employ and serve persons who share the religious
tenets of the organization and must meet the requirements
of non-profit status as defined in IRS code of 1986, as amended.
North Carolina
Adopted: 1999
Effective Date: January 1, 2000
Requires insurance policies that provide coverage for prescription
drugs to provide coverage for FDA-approved prescription contraceptive
drugs; provides religious exemption and excludes Preven, an
emergency contraceptive, from provisions.
Rhode Island
Adopted: 2000
Effective Date: July 8, 2000
Requires individual and group health insurance policies that
already cover prescriptions to provide FDA approved prescription
contraception: exempts certain "religious employers"
as defined in the US Code, however every employer invoking
the exemption must provide written notice to prospective enrollees,
prior to enrollment with the plan, listing the contraceptive
health care services the employer refuses to cover for religious
purposes.
Texas
Adopted: 2001
Effective Date: September 1, 2001
Requires health benefit plans that provide coverage for prescription
drugs to provide coverage for all Food and Drug Administration
(FDA) approved prescription contraceptive drugs and devices;
exempts any health benefit plan issued by an entity associated
with a religious organization, or any physician or health
care provider under the health benefit plan, if such service
"violates the religious convictions of the organization,"
unless contraceptive coverage is necessary to preserve the
life or health of the woman. Health benefit plans that limit
or exclude coverage must provide written notice in informational
materials.
Vermont
Adopted: 1999
Effective Date: July 1, 1999
Requires insurance policies that provide coverage for prescription
drugs to provide coverage for FDA-approved prescription contraceptive
drugs, devices and sterilization.
Washington
Adopted: 2001
Effective Date: January 1, 2002
Contraceptive rule, signed by the Insurance
Commissioner, requires all regulated plans that offer prescription
drug benefits cover prescription contraceptive drugs and devices.
The rule also requires coverage for "medical services
associated with prescribing, dispensing, delivery, distribution,
administration and removal" of contraceptives to the
same extent as other outpatient services.
West Virginia
Adopted: 2005
Effective Date: July 9, 2005
Requires health insurance plans that provide benefits for prescription drugs and devices to cover all FDA-approved prescription contraceptive drugs and devices. Exempts coverage of dependent children from this requirement. Also exempts religious employers whose sincerely held religious or moral beliefs are central to the employer's operating principles, if the employer meets IRS non-profit requirements or is listed in the Official Catholic Directory. A health insurer invoking this religious exemption must provide written notice to prospective enrollees listing the services that the employer refuses to cover and make a rider available for purchase that provides prescription contraceptive drugs and devices.
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