Birth-control equity: Why not, Michigan?
Jackson Citizen Patriot
Wednesda, May 10, 2006
Editorial Birth-control equity: Why not, Michigan?
Is contraception a civil right? Probably not until Americans have universal health insurance and guaranteed prescription-drug coverage. But birth control as a civil right is suddenly a hot topic in Michigan, where a long-simmering battle over this aspect of health insurance is about to get a hearing before the Michigan Civil Rights Commission. Here's the issue: Many health-insurance plans that provide prescription drug coverage exclude contraceptives. That rankles women's groups for whom access to birth control is a huge issue. Insurance companies may or may not be on solid legal ground with such exclusionary policies. If they are operating in states like Michigan that have no law requiring what is often called "contraceptive equity," they are free to include or exclude contraceptives in their insurance plans. But 22 states have passed contraceptive equity laws or regulation. In these states, the companies are mandated to cover contraceptives if they cover other pharmaceuticals. Currently there are two Senate bills and a House bill before the legislature. One of the bills is sponsored by Sen. Beverly Hammerstrom, R-Temperance, who represents four townships in east-central Jackson County. The effect of the bills would be to require insurers to cover contraceptives in the same manner as other pharmaceuticals are covered. Because of opposition from religious groups and insurance companies, lawmakers won't move on the legislation. Such laws were first introduced in the Legislature in 1999, but have yet to get a vote -- primarily because Republican leaders haven't allowed it. So how could that be construed as a civil-rights issue? In part, it has to do with the so-called "little blue pill" -- Viagra. Or, more broadly, prescription drugs for erectile dysfunction. The issue is whether insurance companies violate state laws banning sex discrimination when they cover drugs that super-charge the male reproductive organ but then exclude contraceptives that enable the woman to temporarily disarm her own reproductive organs. Following a request from the American Civil Liberties Union of Michigan, the Civil Rights Commission decided to consider arguments on the issue. Here's the way we see it. Ideally, the government should not have to get involved in setting policies for private insurance companies. However, if they are stupid enough to cover erectile dysfunction for men and not contraceptives for women, they should be compelled by state law to do so. It's a simple matter of fairness.
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