Federal Law: Facts and Resources Regarding Contraceptive
Equity
Federal law and federal agency policy decisions make it
illegal for employers to offer discriminatory health benefits for their employees.
Efforts have been underway in recent years to mandate at the federal level
that insurers not discriminate in insurance benefits.
In Congress
In 1997, the Equity in Prescription Insurance and Contraceptive Coverage (EPICC) bill was first introduced. The bill received a hearing in the Senate, but not the House of Representatives. Since then, this important bill has been introduced several times, but has not been passed into law. On the first day of the current Congress, Senate Majority Leader Harry Reid (D-NV) introduced the vitally important Prevention First Act (S. 21). This bill incorporates the provisions of EPICC, and also provides for full funding of Title X, America's family planning program, expand access to reproductive health care through Medicaid, and protect teens through real sex education.
If it is passed into law, what would Prevention First/EPICC mean to you?
Equal Employment Opportunity Commission (EEOC) Policy Decision, 2000
The EEOC (Equal Employment Opportunity Commission) is the governmental entity responsible for holding employers accountable if they discriminate against employees. The EEOC investigates allegations of discrimination in employment.
In 2000, the EEOC issued a policy statement declaring that it is in fact sex discrimination under Title VII of the Civil Rights Act, for employee health plans to refuse to cover contraception in the same way they cover other prescriptions. This was a huge victory for working women!
The policy decision is available for viewing here.
Important Legal Victories for Women
In 2001, women won an important victory in Erickson v. Bartell Drug Co. The first case of its kind, a federal court held that it is unlawful sex discrimination to exclude coverage for prescription contraception in employer-sponsored health plans when the plan covers other types of preventative care. The case sent shock-waves through companies across the country... Get the full story.
In 2005 Judge Laurie Smith Camp ruled decisively in favor of the women of Union Pacific Railroad in In Re Union Pacific Railroad Employment Practices Litigation, quoting the Erickson decision with approval and solidifying our position that contraception is essential healthcare for women
Now that the 8th Circuit Court of Appeals has ruled that failure to cover contraception in an otherwise comprehensive health plan is not discrimination it is more important than ever to pass the Prevention First Act.
In Congress
In 1997, the Equity in Prescription Insurance and Contraceptive Coverage (EPICC) bill was first introduced. The bill received a hearing in the Senate, but not the House of Representatives. Since then, this important bill has been introduced several times, but has not been passed into law. On the first day of the current Congress, Senate Majority Leader Harry Reid (D-NV) introduced the vitally important Prevention First Act (S. 21). This bill incorporates the provisions of EPICC, and also provides for full funding of Title X, America's family planning program, expand access to reproductive health care through Medicaid, and protect teens through real sex education.
If it is passed into law, what would Prevention First/EPICC mean to you?
- It will require your company to add contraceptive coverage if the company health plan offers other prescription benefits.
- If you have an insurance plan that already covers prescription drugs and devices, it would require your plan to cover all forms of prescription contraception (pills, Depo Provera®, IUDs, diaphragms, NuvaRing®, Ortho Evra®/contraceptive patch).
- It would also require outpatient medical services to include outpatient contraceptive services in the coverage.
Equal Employment Opportunity Commission (EEOC) Policy Decision, 2000
The EEOC (Equal Employment Opportunity Commission) is the governmental entity responsible for holding employers accountable if they discriminate against employees. The EEOC investigates allegations of discrimination in employment.
In 2000, the EEOC issued a policy statement declaring that it is in fact sex discrimination under Title VII of the Civil Rights Act, for employee health plans to refuse to cover contraception in the same way they cover other prescriptions. This was a huge victory for working women!
The policy decision is available for viewing here.
Important Legal Victories for Women
In 2001, women won an important victory in Erickson v. Bartell Drug Co. The first case of its kind, a federal court held that it is unlawful sex discrimination to exclude coverage for prescription contraception in employer-sponsored health plans when the plan covers other types of preventative care. The case sent shock-waves through companies across the country... Get the full story.
In 2005 Judge Laurie Smith Camp ruled decisively in favor of the women of Union Pacific Railroad in In Re Union Pacific Railroad Employment Practices Litigation, quoting the Erickson decision with approval and solidifying our position that contraception is essential healthcare for women
Now that the 8th Circuit Court of Appeals has ruled that failure to cover contraception in an otherwise comprehensive health plan is not discrimination it is more important than ever to pass the Prevention First Act.
