PPMT Files Complaint With Montana Human Rights Comission

For Immediate Release                

June 16, 2009

Contact:

Stacey Anderson, Director of Public Affairs

406-457-2469 office

406-442-4228 cell

(Helena, MT) --- Yesterday, Planned Parenthood of Montana filed a complaint with the Montana Human Rights Commission regarding a Montana state law that discriminates against young women because it prohibits coverage of prescription contraception under Montana’s CHIP program. Specifically, the lawsuit seeks to stop the enforcement of 53-4-1005(3) MCA, the state statute prohibiting coverage of prescription contraceptives under Montana’s CHIP program. This prohibition only affects young women and exclusively implicates prescription drugs used to prevent pregnancy. As a result, 53-4-1005(3) MCA discriminates against young women on the basis of their gender.  PPMT attorneys assert that this denial of comprehensive healthcare for young women violates the Montana Constitution (Article II, Section 4), the Montana Human Rights Act (49-2-308 MCA), and Montana’s Unisex Insurance Law (49-2-309 MCA).

“Planned Parenthood of Montana believes the CHIP program is vital to the health and well-being of Montana’s kids and that all preventive services must be covered – including birth control. After several legislative attempts to correct this discriminatory Montana law, including during the 61st Legislature, it is now necessary to pursue legal action to ensure our patients receive the care they need,” said Stacey Anderson, Director of Public Affairs for Planned Parenthood of Montana.

Currently, Montana CHIP has 18,504 enrollees, 1,889 of whom are females ages 15-19.[1] Young women of reproductive age represent 10.2% of Montana’s CHIP population and approximately 45.7% of teens in this age group are sexually active.[2] Roughly 80% of sexually active teens use contraceptives, 70% of whom use prescription methods. PPMT estimates that approximately 483 young women currently enrolled in CHIP are in need of contraceptive coverage and that number will likely grow to over 750 when the CHIP program expansion reaches full enrollment in 2011.

In 2006, then Attorney General Mike McGrath issued an opinion that required insurance policies in Montana to cover contraceptives if they provided a prescription drug plan.  McGrath cited several Montana Supreme Court cases as the basis for his decision, stating that “Montana case law demonstrates that because pregnancy is unique to women, differential treatment related to pregnancy and related medical conditions such as gynecological visits, is discrimination on the basis of sex, and is prohibited.”

“We are advocating for our CHIP patients across the state, approximately 33% of whom are seeking contraceptives to prevent a teen pregnancy.  Given that Montana had the second highest increase in teen births in the nation, (13 percent increase between 2005 and 2006), it’s imperative that we provide teenagers accessible and affordable birth control when they need it,” Anderson said.

In addition, coverage of contraceptives is good public policy, as it would help prevent teen pregnancy.  Almost half – or 45.7 percent – of all high school students in Montana have had sexual intercourse  and the National Campaign To Prevent Teen Pregnancy reported that 60 out of 1,000 teenage girls in Montana (or 6 percent) will become pregnant.  This ranked Montana as having the 13th highest teen pregnancy rate among the 50 United States. Anderson added that Montana is one of only four states (ND, PA, and TX) in the United States that exclude contraceptive coverage from its CHIP program.

Our mission: To ensure the freedom of all people to manage their own sexual and reproductive health by providing the highest quality health care services, education and advocacy.

Find us on Facebook: Planned Parenthood of MT and Planned Parenthood Advocates of Montana!