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GWU to Cover Birth Control in Student Health
Plan
Change Follows Complaint
Alleging Sex Discrimination
By AMY ARGETSINGER and
AVRAM GOLDSTEIN
Washington Post
Thursday, August 29, 2002; Page B1
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"It didn't make
sense," Amy Moses, 27, says of the plan, which covered
abortions, not contraceptives. Photo by Jonathan Hutson
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George Washington University has agreed to
expand its student health plan to cover birth-control pills and
other prescription contraceptives in response to a complaint
from a female student that the old plan constituted sex
discrimination under federal and District statutes.
The student was backed by public-interest and women's health
advocates who say they hope to exert similar pressure, including
possible litigation, on colleges across the country.
"It is our hope that this is the beginning of a wave,"
said Leslie Brueckner, an attorney with Trial
Lawyers for Public Justice, which represented law student Amy
Moses.
Moses's case is thought to be the first attempt to apply a 2001
federal court ruling, ordering an employer to cover
contraceptives if it covered illness-prevention drugs, to the
student health plans offered by many colleges and universities.
Moses, 27, said she was distressed to learn at campus orientation
last year that the student health plan covered abortions but not
contraceptives. "It didn't make sense," she said.
Attorneys from Planned Parenthood,
the National Women's Law Center
and the trial lawyers group wrote George Washington in November,
saying that the health plan's failure to cover contraceptives was a
glaring case of sex discrimination.
Richard A. Weitzner, George Washington associate general counsel,
said the policy change was a response to student demand. He said the
old plan did not violate federal or city laws. "But we didn't
need to resolve that, because this was something students wanted,
and we decided to change the plan," he said.
Weitzner said contraceptives were excluded in the past because they
were "inconsistent with the purpose of the plan, which is to
protect against major medical issues."
About 1,500 of the university's 20,000 students are enrolled in the
plan, officials said, while most others are covered by their
parents' or employer's health policies.
Dina Lassow, an attorney with the National Women's Law Center, said
the issue is at the leading edge of the movement to bring equality
to health care.
"Historically, women's health has been given second-class
status," she said. "What brought this to everyone's
attention is that as soon as Viagra came on the market, health
insurance started covering it, and women said: 'What is this? Why
don't you cover my pills?' "
Last year's federal ruling did not apply to schools. But Brueckner
said the gender-equity rules applying to schools that receive
federal funds should extend the same logic to college health plans.
Roughly one-third of four-year colleges in the United States offer
students optional prescription drug coverage, and about half of
those plans cover contraceptives, according to Stephen
L. Beckley, director of a health care management and benefit
consulting firm for colleges and universities.
The University of Maryland's student health plan covers
contraceptives, in compliance with a law regulating all fully
insured health plans in the state. George Mason University and the
University of Virginia do not.
Attorneys who challenged the George Washington policy said other
schools could be targets. Among them are Catholic schools, such as
Georgetown and Catholic universities. Spokesmen for both schools
said that their health plans prohibit contraceptives in accordance
with Catholic doctrine and that they have a legal right to follow
their religious mission.
"I'm sure we would vigorously dispute any challenge of that
nature," said Victor Nakas of Catholic University.
Planned Parenthood attorney Eve Gartner said no such religious
exemption exists in the District. "The case law in the D.C.
courts strongly indicates that there is no exemption to that law for
Catholic educational institutions," she said.
Other District schools, including American and Gallaudet
universities, said that their health plans do not cover
contraceptives but that their pharmacies sell them to students at
below-market prices.
Gallaudet offers contraceptives for $25 a month to students who can
afford to pay and free to those who cannot. "No one has yet
raised an objection to this arrangement," said spokeswoman
Mercy Coogan.
American University spokesman Todd Sedmak would not say how much its
student health center charges for contraceptives, but he said it is
less than the co-payment for other drugs. "This allows for cost
savings across the board for all the students," he said.
Such arrangements are common across the country, Beckley said.
"It's a pretty moot point for a lot of schools, because the
cost of contraceptives at student health centers is way below
market," he said.
But attorneys for the groups that backed the George Washington
student's complaint said inequities might lurk in such arrangements,
such as requiring students to visit specific clinics to get the
drugs.
"It needs to be more carefully looked into," Lassow said.
"The caution is whether they're really as good as they
sound."
© 2002 The Washington
Post Company
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