Victory - State Court AGAIN upholds contraceptive coverage law
Today, January 12, 2006, the New York State Supreme Court Appellate Division again upheld the constitutionality of New York’s Women’s Health and Wellness Act.
In a 3-2 decision the court found that the law is constitutional under both the New York and Federal constitution.
In July of 2005, the New York State Supreme Court had dismissed a similiar challenge by Catholic Charities and nine other religiously-affiliated employers.
The most recent opinion can be viewed here.
Background on the Women's Health and Wellness Act
NARAL Pro-Choice New York was the lead advocacy group that lobbied for the passage of the Women's Health and Wellness Bill in 2002.
The Women’s Health and Wellness Act, which was passed by both the Senate and Assembly and signed into law by Governor Pataki, requires employers who offer prescription drug plans to include coverage for birth control, bringing an end to discrimination by insurers who have refused to cover contraceptive care.
The law also improves a woman's access to preventative health care by requiring all HMO’s to cover diagnostic procedures for cervical and breast cancer, as well as the screening and treatment of osteoporosis. Because of this legislation, more women will detect threatening diseases at the earliest stages of development. To address these health issues in one law is unprecedented in New York State, and will serve as a model for the rest of the nation.
While the law permits a narrow exemption for organizations whose primary purpose is religious in nature, religiously-affiliated hospitals and universities would not be covered under the exemption, and therefore would have to provide contraceptive care.
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