Womenstake

Emergency Contraception – Some Good News and Some Bad

by Ellen Newcomb, Program Assistant, 
and Jen Swedish, Health Law Fellow, 
National Women’s Law Center 

Last Wednesday, the FDA approved a generic version of the emergency contraception pill, Plan B. For now, this new generic version of emergency contraception (EC) will only be available with a prescription to women ages 17 and under. The generic (thus, less expensive) version may become available over-the-counter to women 18 and over in August, when Duramed Pharmaceuticals will no longer hold marketing exclusivity for nonprescription use of Plan B. (You may recall that a court recently ordered the FDA to make EC available to 17-year-olds without a prescription and to reconsider its decision to impose any age restrictions at all on nonprescription use of EC. The FDA has begun the process to enable 17-year-olds to access EC over-the-counter, but – for now – 17-year-old women still need a prescription, but they will have access to the generic version of EC.)

Currently, over-the-counter Plan B can cost up to $55 for women 18 and older. Private insurance companies may not cover Plan B because drugs sold over-the-counter are often not covered by insurance, and some state Medicaid programs won’t cover it at all. The generic version will lower the cost of EC, making EC more accessible for the women who need it.

But, with the good comes the bad. Arizona and Louisiana are both about to enact laws that will make it more difficult for women to access EC and other vital reproductive health care services.

A harmful refusal bill in Arizona has successfully made its way through the state House and Senate and is waiting for Governor Jan Brewer’s signature. Among other anti-choice provisions, HB 2564 allows any pharmacy, hospital, or health professional, or any employee thereof, who cites a moral or religious objection, to refuse to provide EC. If this bill is enacted, Arizona hospitals could deny EC to sexual assault survivors and pharmacists could refuse to provide EC to women who need it, even though EC is a time-sensitive drug that is most effective in the first 12-24 hours after birth control failure, unprotected sex, or sexual assault. In addition to allowing refusals for EC, the Arizona bill would also allow pharmacists and pharmacies to refuse to fill prescriptions for some of the most widely used forms of birth control. We’re hoping that Governor Brewer recognizes that this bill will harm women’s access to vital health services and that she’ll veto the bill.

Law Students for Reproductive Justice Training a Success

by Ellen Newcomb, Program Assistant,
National Women's Law Center

The next generation of lawyers dedicated to protecting women’s reproductive health and justice gathered in Washington, D.C., this past Monday, June 8, for a day of lively discourse, networking and training. Law Students for Reproductive Justice and NWLC cosponsored the event and it was wildly successful. Students representing 25 law schools came together with attorneys from NWLC and other influential women’s rights organizations to discuss hot topic issues such as reproductive health care’s place in health care reform, teenage pregnancy prevention and dropout prevention, religious restrictions on reproductive health care and the latest updates on Supreme Court nominee Sonia Sotomayor.

The gathering of these women and men came at a much needed time. With the country and pro-choice community mourning the loss of Dr. Tiller it was inspiring to see 50 future attorneys all in one room devising ways to use the law to protect the rights of women and their families.

Keep up the good work, LSRJ! 

Dangerously Close to Abortion Ban in Tennessee

by Ellen Newcomb, Program Assistant, 
National Women's Law Center 

On Monday, the women of Tennessee suffered a serious blow when the Tennessee House joined the Senate and voted to pass Senate Joint Resolution 127. The resolution would amend the Constitution of Tennessee to state, “Nothing in this constitution secures or protects a right to abortion or requires the funding of an abortion. The people retain the right through their elected state representatives to enact, amend, or repeal statutes regarding abortion, including, but not limited to, circumstances of pregnancy resulting from rape or incest or when necessary to save the life of the mother.”

 Fortunately, the resolution still has a long way to go before it becomes a constitutional amendment. Despite passing the state House and Senate during this legislative session, the resolution must also pass both chambers again in 2010 – but this time with a two-thirds majority – and be approved by voters in 2014 in order for the state’s constitution to be amended. 

So while nothing is set in stone yet, this is certainly a dangerous step. The language in the proposed amendment is a response to the laudable 2000 Tennessee Supreme Court decision which threw out restrictions on abortion like waiting periods and informed consent laws because they violate Tennessee’s Constitution. Tennessee’s Constitution actually provides an independent right to privacy and greater protections for reproductive freedom than the US Constitution does. But anti-choice legislators are determined to restrict women’s right to choose. The language in the proposed amendment goes even further than allowing for restrictions on abortions; it opens the gate for Tennessee legislators to pass laws banning abortion altogether, even in cases of rape, incest or when the pregnancy poses a threat to the life of the mother. 

We here at NWLC will be watching this proposed amendment when it comes up in next year’s session and will let you know of updates as we hear of them. And if you live in Tennessee, I encourage you to email your local state senators and representatives to let them know you disapprove of SJR 127.

Celebrate National Women's Health Week!

by Ellen Newcomb, Program Assistant, 
National Women's Law Center 

Yesterday was the kickoff of National Women’s Health Week and the Office of Women’s Health is encouraging women to celebrate by making positive changes to their lifestyles that will promote good health. Women are encouraged to eat a nutritious diet, avoid risky behaviors such as smoking or not wearing a seatbelt, exercise regularly, and to take care of their mental health by avoiding stress and getting plenty of sleep.

To get the ball rolling for the week, the Office of Women’s Health has deemed today, May 11, as National Women’s Checkup Day. They have provided an online health screening tool that women can use to see what preventive care health services they need according to their age. After using the screening tool, women can fill out a pledge proclaiming that they will set up an appointment with their doctor to take care of recommended tests and immunizations within ninety days. Sounds great, right? Well… yes. If you have access to a health care provider and can afford it. Which leaves a lot of women out of luck.

Almost one in five women in the United States doesn’t have health insurance and the number is growing as layoffs and bankruptcies continue. One in four women reports not being able to afford her medical bills. Women across the country are struggling to pay for health care and due to prohibitive costs, women are more likely than men – regardless of insurance status – to have left a prescription unfilled, not seen a specialist when needed, skipped a medical test, treatment, or follow-up, or had a medical problem but not seen a doctor or clinic.

This leaves these millions of women and their families with a huge dilemma. Do you go to the doctor and get the tests you need – even if it means not paying the rent this month? Or do you keep your fingers crossed, pray for the best and avoid spending any money on health care?

Warnings from Wisconsin

by Ellen Newcomb, Program Assistant
National Women’s Law Center

A colleague broke the news yesterday that a federal district court ordered the FDA to make Plan B available over-the-counter to women 17 and older. As I was reading the news, ecstatic that we were making positive strides for young women’s reproductive health, I came across an article that was both disturbing and depressing.

It appears that teenagers in Wisconsin have been using livestock drugs to terminate pregnancies. While this has not been verified by the Wisconsin Department of Health Services yet, Planned Parenthood of Wisconsin is looking into the reports and the American Animal Hospital Association has posted an advisory about the issue on its web site.

The drugs that the girls are supposedly obtaining are commonly used to regulate animals’ “heat cycles” and can lead to excessive hemorrhaging, infection, clotting, and complications for asthmatics, as one side effect includes constricted bronchial tubes.

The fact that these rumors even exist is a testament to the way in which abstinence-only education, pharmacy refusals and restrictions on birth control are failing our teenagers. It makes me want to cry for these young women who are so desperate to terminate a pregnancy that they will endanger their own lives. Why is it that there are still people who are trying to reduce teenagers’ access to reproductive health services? Fact: Teenagers have sex. Instead of spending our time trying to deny this, let’s focus on educating parents and teens about sexual health and improving access to contraceptives so that women will never have to resort to terminating a pregnancy alone, scared, and in danger of death.

A Princess of a Different Color

by Ellen Newcomb, Program Assistant
and Rose O’Malley, Program Assistant
National Women's Law Center

With all of the recent news about the economic recovery package, unemployment, and health insurance, you may have missed the news on the most important of topics: Princesses!

Disney has decided to celebrate Black History Month in its own way by promoting its upcoming holiday flick, The Princess and the Frog, which will feature the first ever black Disney princess. Princess Tiana has a doll, she has a voice, and she is coming to a theater near you!

Our reaction is mixed, but the one thing we agree upon is: It is about time! Why has it taken the over 70 years that Disney has been making animated musicals for them to represent or even recognize a significant percentage of the population of American girls who see their movies, buy their dolls, and wear their costumes every Halloween?

Answering that question would take more time and expertise than we possess, but in the meantime, let’s get back to that whole “mixed reaction” thing. Those involved with the project seem very excited, but it is not without its critics. Princess Tiana retains those familiar unrealistic body proportions that can crush any average sized girl’s self esteem, and some have pointed out that her hair appears distinctly…Caucasian. And should we even want our children to aspire to princess-hood? What about the ideals of education and a fulfilling career? And what parents want their daughter to think that life is all about finding a man?

A Friendlier COBRA

by Ellen Newcomb, Program Assistant
National Women’s Law Center

Amid all of the celebrations of late (Lilly Ledbetter Fair Pay! No more Global Gag Rule!) I have been overlooking the dire financial times we face and the consequences these times are having on our health care system. This morning as I scanned the news, a recent report by the Commonwealth Fund and accompanying news article by CNN caught my eye and brought me back to our sobering reality. The Congressional Budget Office estimates that by 2010 we will have almost 10 million unemployed workers in the United States - most of whom will be thrown into the wild worlds of COBRA or the individual insurance market to find health insurance.

For those of you who are fortunate enough not to be familiar with COBRA, it is the ‘Consolidated Omnibus Budget Reconciliation Act’ which was passed in 1985 and it allows workers who lose their jobs to continue to receive health insurance coverage under their employer-sponsored plan. This may seem like a great idea in theory, but in practice it is incredibly difficult for many individuals to take advantage of this offer, as pointed out in the Commonwealth Fund’s report.

The average employee receiving an employer-sponsored health insurance plan pays between 15 and 25 percent of the premium. Generally, this is a manageable sum given that the individual is receiving a salary. Under COBRA, however, the employee is responsible for 102 percent of the premium (that extra 2 percent covers administrative costs, nothing like a little salt in the wound) and this racks up an average bill of about $12,680 per year for family coverage. That’s not even including the deductibles and co-pays that the family will still have to face. And my guess is that right after the family’s breadwinner loses his or her job, it’s going to be mighty difficult to come up with that kind of cash.

A Little Sex Ed with Your Cut, Color and Style

by Ellen Newcomb, Program Assistant
National Women’s Law Center

When I go to my hairdresser, I can’t help but gossip. There’s just something about getting my hair washed, colored and styled that makes me want to spill all about the new, hip bar I just tried, the tiff I had with my best friend, and all the details about the new man in my life. And something tells me I’m not the only one who gets the itch to dish; the salon is full of young women chatting and getting advice from their favorite hairdresser/therapist.

So when I saw this article from Radio Iowa News I was thrilled. Former Iowa First Lady Christie Vilsack, CEO of the Iowa Initiative to Reduce Unintended Pregnancies, is leading the charge in Iowa to spread the word about contraceptives by using the relationship women have with their hairdressers. The Iowa Initiative is teaching stylists and salon owners about reliable, safe, effective birth control methods so that the stylists can then in turn relay the information to their clients. Brilliant! If a woman is uncomfortable seeing a doctor, can’t talk to her family, and is having difficulty communicating with her partner, this is another great avenue to get the conversation about contraception going.

Women Charged More for Health Insurance

by Ellen Newcomb, Program Assistant
and Jen Swedish, Law Fellow
National Women’s Law Center

This post is part of a weekly series on Women and Health Reform.

This morning’s New York Times article by Robert Pear highlights the challenges women face in the individual market as identified in our recent report, Nowhere to Turn: How the Individual Health Insurance Market Fails Women. In our report, we document the fact that women attempting to buy health insurance on the individual market often face higher premiums and fewer options for comprehensive and affordable coverage than their male counterparts. And in this economic and political climate, with employees facing layoffs and politicians emphasizing the use of the individual market as a “fix” to our health care crisis, this puts women in grave risk of not receiving the quality health care they need.

The NYT article explains the discrepancy in prices between men and women as actuarially justified, that is, as a result of women’s higher health care costs. In particular, health insurance companies point to women’s maternity care as a reason why prices for women are inflated. But, then why is it that out of the 347 gender-rated, best-selling individual market plans we looked at on eHealthinsurance.com, only 6% include maternity coverage? A senior VP at Humana argued that higher premiums are justified even if maternity coverage is excluded, because “Bearing children increases other health risks later in life, such as urinary incontinence, which may require treatment with medication or surgery.”  So, women should pay more for health insurance coverage because they might get pregnant and the pregnancy might cause urinary incontinence that might require surgery?  How absurd!

Some comments to the NYT article contend that it’s fair for women to pay more for health insurance because men routinely pay more for car insurance. We’re not saying gender rating for car insurance is fair, either. But according to recent research, 22,000 adults died in 2006 because they lacked health insurance. No one dies because they cannot buy car insurance.

We encourage you to visit our site to learn more about our report. You can also contact your Members of Congress to encourage them to stop allowing discriminatory practices in health insurance. It’s just like Rep. Xavier Becerra from California says, “'If men could have kids,' such disparities would probably not exist.”

The Latest on Women & HIV Testing

by Ellen Newcomb, Program Assistant
National Women’s Law Center

For an excellent analysis of the implications of routine HIV testing, see this new article from our friends at the Guttmacher Institute.

For more on routine HIV testing of pregnant women, check out Julia’s blog, Opting Out of  the New Jersey Fan Club (...Just This Once), in which she voices concerns about New Jersey’s recently-passed “opt-out” testing law.