The Honorable Harry Reid
United States Senate
528 Hart Senate Office Building
Washington, DC 20510-2803  

The Honorable Olympia J. Snowe
United States Senate
154 Russell Senate Office Building
Washington, DC 20515-1903  

Re: S. 104 -- Equity in Prescription Insurance and Contraceptive Coverage Act of 2001 (EPICC)  

Dear Senators Reid and Snowe:  

We write to convey the American Civil Liberties Union's strong support for S. 104, The Equity in Prescription Insurance and Contraceptive Coverage Act of 2001 (EPICC). This bill will improve women's access to basic health care by addressing an alarming gender inequity in the coverage of prescription drugs under private health insurance policies.  

Although insurance plans routinely cover prescription drugs and devices as well as outpatient medical services, many fail to cover prescription contraceptives and related medical visits and exams. Half of all fee-for-service health plans do not cover any contraceptive method at all, and only one-third cover oral contraceptives. Only 39% of HMOs cover all five of the leading FDA-approved reversible contraceptives (oral contraceptive pills, Depo Provera, Norplant, the intrauterine device (IUD), and the diaphragm).  

This failure to cover contraception constitutes impermissible sex discrimination. As the Equal Employment Opportunity Commission and a federal district court in Washington state recently concluded (in Erickson v. Bartell Drug Co., 144 F. Supp. 2d 1266 (W.D. Wash. 2001), the exclusion from health plans of prescription drugs that are used overwhelmingly by women (such as contraception) constitutes unlawful discrimination on the basis of sex.  

EPICC is also sound health-care policy. Lack of insurance coverage forces many women to choose less expensive and less reliable methods of contraception, which increases the likelihood of unintended pregnancy. By eliminating financial barriers to effective contraceptive services, EPICC will reduce the number of unintended pregnancies, and ultimately, the number of abortions. In addition, improved access to contraception will allow more women to control the timing of their pregnancies. This, in turn, helps reduce infant mortality, low birth weight, and maternal health complications during pregnancy.  

EPICC is also cost-effective. A recent study by the Alan Guttmacher Institute Found that providing full contraceptive coverage in employment-based heath insurance plans would costs employers no more than $20.00, per employee, per year.  

The American Civil Liberties Union applauds your efforts to improve women's health, equality, and well-being with this important legislation.  

Sincerely,  

Laura W. Murphy
Director  

Gregory T. Nojeim
Associate Director and Chief Legislative Counsel