Hertzberg to Renew Drive for Contraception Insurance

Despite a previous veto and opposition from small-business owners, Assemblyman Bob Hertzberg plans this month to reintroduce controversial legislation to require all insurance companies to pay for some FDA-approved contraceptives.

The bill is expected to put Gov. Pete Wilson in a tough predicament, with women’s health advocates supporting the bill and small-business owners opposed to paying the extra cost it would bring.

“This is our A-Number-One priority bill and I think he knows that,” said Kathy Kneer, executive director of Planned Parenthood Affiliates of California and co-sponsor of the bill.

Wilson has long declared himself a defender of women’s right to reproductive freedom, but he has also painted himself as a friend of small business. “He is definitely feeling pressure from both sides,” Kneer said.

Wilson vetoed a similar bill in 1995, saying it would be “irresponsible” of him to burden businesses without knowing the exact cost of the mandate.

But Hertzberg and the women’s organizations have now collected industry data that show the cost would be relatively low: only $16 per person per year.

With this new information in hand, Hertzberg plans to meet with Wilson next week in hopes of winning the governor’s support for the bill.

If the Democrat from Sherman Oaks succeeds, California would become the first state to mandate coverage from private insurance companies for contraception.

“It’s important because contraception for women is the only FDA-approved drug that is not covered by most of these health plans,” Hertzberg said.

A spokesman for the governor said he has not reviewed the latest information on the bill and could not comment.

“It’s premature to comment without having the opportunity to see it,” said Wilson spokesman Steve Tatum.

Several studies and surveys show that women in their childbearing years spend about two-thirds more on health care than men of the same age, largely because women pay for the cost of birth control.

Meanwhile, only about one-third of all insurance companies cover the five most effective methods of contraception. Among the contraceptives that would be covered if the legislation passes are birth control pills, intrauterine devices, Depo-Provera injections, diaphragms and Norplant.

While those contraception methods are routinely not covered, most insurance companies will pay for more expensive procedures such as abortions and sterilization, according to Hertzberg’s staff.

Hertzberg and women’s health activists argue that it makes economic sense to pay for contraception in order to prevent unwanted pregnancies.

“When you look at the big picture, this will cost much less,” Hertzberg said.

He also noted that most health maintenance organizations already cover the major methods of contraception.

But representatives for small-business owners and an insurance reform group are opposed to the bill due to the added cost it will impose on business owners.

“We are opposed to anything that would increase the cost for small-business owners,” said Shirley Knight, assistant state director for the National Federation of Independent Businesses.

Although Hertzberg says the cost of the contraception coverage is relatively low, Knight said she worries that the cost of coverage could increase over the years, forcing private employers to pick up the tab.

Hertzberg believes his chances of getting the bill approved this year are good.

He introduced the bill last year and was able to get it approved by the Assembly and passed in the Senate Insurance Committee.

But last year, before the end of the session, Wilson asked all state lawmakers to withhold all legislation that would impact HMOs until a special health care task force could complete a report on the health-care industry.

Hertzberg argued that his bill would have no impact on HMOs but agreed nonetheless to withhold the bill.

The health care task force submitted its report on Monday but failed to address the issue of insurance coverage for contraception.

Still, Hertzberg believes that with the new information on the cost of the bill, his bill can finally win Wilson’s support.

“I would have liked to have a full recommendation [by the task force], but I still think we have a good chance of passing this bill,” he said.