Montana AG McGrath Releases Legal Opinion Saying State Laws Require Insurance Companies To Cover Contraceptives

Main Category: Health Insurance / Medical Insurance
Article Date: 03 Apr 2006 - 12:00 PDT

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Montana Attorney General Mike McGrath (D) in a legal opinion released on Tuesday said that health insurance companies that offer prescription drug coverage are required to cover prescription contraceptives and "related medical services" in their policies under the state's sexual discrimination laws, the AP/Billings Gazette reports. McGrath in the opinion cited the state's so-called "unisex" insurance law, which forbids gender-based discrimination in insurance policy coverage, adding that the Montana Supreme Court has ruled that it is illegal to exclude pregnancy-related coverage from policies (Gouras, AP/Billings Gazette, 3/28). In addition, he wrote that the Montana Human Rights Act bars employers from gender-based discrimination "in compensation ... condition or privilege of employment" (Montana Department of Justice release, 3/28). State Senate President Jon Tester (D) last year sought McGrath's opinion on the issue (Kaiser Daily Women's Health Policy Report, 11/4/05). Tester said the opinion was "a victory for women and equality." Blue Cross Blue Shield of Montana, which has said that more mandates on coverage could further increase premiums for policy holders, said the company's attorneys are reviewing the opinion and the company has not decided if it will appeal. "[W]hile there are a lot of services that are very good for Montanans, what is covered in an insurance policy should be the choice of the individual paying for the policy," Tanya Ask, Blue Cross vice president of government affairs, said. NARAL Pro-Choice Montana spokesperson Allyson Hagen in a release said the opinion "means that insurance companies can no longer cover Viagra but then refuse to pay for birth control." McGrath's opinion "carries the weight of law unless overturned by a court or modified by the Legislature," the AP/Gazette reports (AP/Billings Gazette, 3/28).

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