ACLU Letter Urging Members of the House Education and Workforce Committee to Support the Holt-McCollum Contraceptive Equity Amendment to H.R. 525, the "Small Business Health Fairness Act"
Support Holt-McCollum Contraceptive Equity Amendment During Today's Mark Up of the ""Small Business Health Fairness Act"" (H.R. 525)
Dear Representative:
The American Civil Liberties Union strongly urges you to support an important amendment that will be offered during today's mark up of the ""Small Business Health Fairness Act"" (H.R. 525). This amendment, to be offered by Representatives Rush Holt and Betty McCollum, would require federal Association Health Plans (AHPs) that provide prescription drug coverage also to provide coverage for contraceptive services and supplies. This provision will prevent gender discrimination against women who participate in AHPs and will advance reproductive freedom.
If H.R. 525 is not amended, it will exempt AHPs from otherwise applicable state laws that mandate that health plans that cover prescription drugs also cover prescription contraceptives. Twenty-one states have passed such laws or regulations requiring contraceptive equity. The Holt-McCollum amendment will prevent AHPs from refusing to provide this important coverage. It thus represents an important step toward correcting gross gender inequities in health care.
Currently, women are forced to bear a heavier financial burden for health care than men primarily because many health care insurance providers refuse to cover contraceptives. Studies have shown that women of reproductive age often pay 68 percent more out-of-pocket for health care than men, in large part because of the failure of health plans to cover contraception. Given this inequity, both the Equal Employment Opportunity Commission and a federal district court in Washington state (Erickson v. Bartell Drug Co.) concluded that excluding coverage for prescription drugs that are used overwhelmingly by women -- such as contraception -- constitutes unlawful sex discrimination.
Moreover, providing insurance coverage for contraceptives is 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. The elimination of financial barriers to effective contraceptive services 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.
The ACLU urges you to support the Holt-McCollum amendment when it is offered during today's mark up. It is an important safeguard for women's rights and reproductive freedom.
Sincerely,
Laura W. Murphy
Director
Gregory T. Nojeim
Associate Director and Chief Legislative Counsel