2010: Guaranteeing Contraceptive Coverage In All New Health Insurance Plans

CLUW is pleased to link to the National Women's Law Center's material on Guaranteeing Contraceptive Coverage In All New Health Insurance Plans. CLUW works closely with the National Women's Law Center on a number of issues. CLUW and the NWLC are both members of the National Council of Women's Organizations.

Under the new health care law that went into effect in September 2010, all new health insurance plans are required to cover certain preventive health care services, including mammograms, smoking cessation treatment, and folic acid, among others, and provide them to patients at no cost.

The law also requires the Department of Health and Human Services to identify additional preventive health services for women that should be covered and provided to patients at no cost. The Department has asked the Institute of Medicine, an organization that provides authoritative, unbiased advice to decision makers on health and medical issues, to review the available evidence and recommend the additional preventive health services for women that should be included.

Contraception is critical preventive health care for women and should be covered as part of a woman’s preventive health benefits.

In recent years, many states have passed laws requiring that health benefit plans that cover other types of prescriptions must also cover prescription contraception. These laws vary from state to state. These state laws apply only to those insurance plans that are regulated by state law. See: Insurance Coverage of Contraceptives (Guttmacher Institute)

Masters, Mates and Pilots Union Adds Contraception to Health Plan: One member taking action benefits 6,800 members

Robin Llewellyn is a member of the Masters, Mates and Pilots Union. She is based in Seattle where she works for Horizon Lines as a licensed third mate in charge of safety inspection. She has been a union member and Horizon employee for two and a half years. Robin earned a BS in Marine Transportation from the California Maritime Academy in April 2003 and received her third mate unlimited tonnage license for steamer motors in June of that year.

For Robin, who is in her mid-20s, contraception is a particular concern: Her chosen profession – which can keep her at sea for long stretches – and the cost of contraception is high. She, therefore, asked the health plan administrator if prescription contraception drugs and devices were covered. She found out that they weren’t. More...

CLUW established the Contraceptive Equity Project in the Spring of 2001 to inform union members and all working women about legal, medical, political and collective bargaining issues related to gaining contraceptive coverage in health insurance plans. Right now, women pay on average 68 percent more out of pocket for health care expenses than men—largely as a result of having to pay for contraception.

What is Contraceptive Equity?

Contraceptive equity means simple fairness. If a health plan covers prescription drugs and devices, it has to cover contraception too. In 2000, the Equal Employment Opportunity Commission (EEOC) ruled that employers may not discriminate against women in their health insurance plans by denying benefits for prescription contraceptives, if they provide benefits for drugs, devices and services used to prevent other medical conditions.

CONTRACEPTIVE INSURANCE COVERAGE
HAS IMPROVED DRAMATICALLY

State laws prove effective,
but there is more to be done

A study released in June 2004 shows that we have come a long way on getting insurance plans to cover contraception. However, it also notes that "too little information was available from employers who self-insure, typically large companies, to be meaningful. About half of all employee benefit plans are administered by the companies themselves and are not subject to the state coverage mandates." MANY UNION PLANS FALL INTO THIS CATEGORY -- SO THAT UNION WOMEN MUST CHECK TO SEE IF THEIR PLANS COVER CONTRACEPTION... AND IF THEY DON'T, THE ISSUE NEEDS TO BE PUSHED BY THE UNION (the union can threaten the employer with a law suit under Title VII of the 1964 Civil Rights Act). We urge unions that have women's caucuses/committees to circulate this.

In those states without mandates -- or State Attorney General interpretations of state employment law to cover contraceptive equity* -- unions need to work with those groups pushing for state laws/Attorney General opinions (often headed by Planned Parenthood in the state) to get them. States that still need to get contraceptive equity include: Alabama, Alaska, Colorado, Delaware, Florida, Hawaii, Idaho, Indiana, Kansas, Kentucky, Louisiana, Minnesota, Mississippi, Nebraska, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and Wyoming.

*Wisconsin, Michigan and Montana

• Contraceptive Equity Quick Facts
• State Coverage (July 2010)
• Contraceptive Coverage Saves Money
• Emergency Contraception Fact Sheet
• Sample request for information on contraceptive coverage
• Sample request for contraceptive coverage
• A good contraceptive equity plan
• CLUW resolution on contraceptive equity
• AFL-CIO resolution on contraceptive equity
• Ideas for action