Arizona Birth Control Bill: Employers Could Charge Fee To Process Insurance Claim

Arizona State Rep. Debbie Lesko sponsored a controversial bill on birth control coverage.

An Arizona bill that could force some women to submit personal medical information to their employers about their non-contraceptive use of birth control would also require those women to pay a processing fee for the privilege.

A sentence in the bill, which has passed the state House of Representatives and is pending in the state Senate, would establish a processing fee to handle women's claims seeking coverage under their employer's health insurance plan for the cost of birth control pills for other medical purposes. The bill would allow employers with religious objections to decline to cover birth control for the purpose of preventing conception. Employers would be required to pay the cost of the pills when they are prescribed for other medical reasons.

Republicans and Democrats are arguing about the precise interpretation of the controversial measure.

State Rep. Matt Heinz (D-Tucson), the bill's leading opponent, and other Democrats have said the language about providing records to a "corporation" for reimbursement indicate that the woman's employer would have access to private medical records. State Rep. Debbie Lesko (R-Glendale), the bill's sponsor, and other Republicans respond that the corporation in question would be the health insurer.

A review of the bill by the Arizona Republic concluded that the issue is up for debate and possible court interpretation if the bill becomes law.

Lesko has said that she is working on amendments to clarify certain portions of the bill.

Heinz, for his part, has also turned his attention to the processing fee. The fee appears in a sentence at the end of the reimbursement provision, which states that "a corporation may charge an administrative fee for handling these claims."

"The very idea that female employees who are responsibly taking care of their health with their physician cannot only be discriminated against by their employers, but can also be charged a fee -- it is beyond insulting. It is bad policy," Heinz told HuffPost.

He described the processing fee as another way to charge women for using birth control. Under the wording of the bill, women would pay for the pills first and then receive reimbursement, instead of having the costs paid upfront.

"It is a bizarre, twisted, weird mess," Heinz said of the bill.

Lesko did not return multiple voicemail messages left on her cellphone and at her Phoenix office.

Beyond the Democratic opposition, top Republicans in Arizona have expressed concerns about the bill. Sen. John McCain (R-Ariz.) has called for it to be killed, and Gov. Jan Brewer (R) has indicated that she has issues with it. But Lesko has continued to defend the bill, at one point last week hijacking a press conference led by Heinz and other Democrats.

"My bill does one thing and one thing alone," Lesko said at the press conference. "It allows an employer with religious objections to opt out of that mandate. It does not allow the employer to know anything about their employees' use of any type of medications. This has been a lie repeated over and over again by the Democrats."

Comments

[annamorphos]

11:55 AM on 05/01/2012

I don't understand why this bill hasn't been killed yet. It's completely unconstitutional. According to the Health Insurance Portability and Accountability Act (HIPAA), which was passed through Congress, stipulates that an employer CANNOT ask for medical documentation except in extreme circumstances when an employer needs verification that an employee can actually perform a task given to them. If an employer is concerned about their Religious Freedom, stop covering birth control all together! Providing a grey area is a breeding ground for discrimination.

[Linda Mcinerny]

11:34 AM on 04/11/2012

I do not understand why only the employer's reglious conviction is of concern. What about the personal freedom of the women and their religious freedom? My personal religious belief is that it is immoral to procreate without being able to adequately care for the child. So what about my person freedom, what about individual responsibility?

[PhoenixLady]

12:51 AM on 03/31/2012

Discrimination against one class of people defended by claiming one has religion....hmm no that will never be abused. not at all. Those good religious types never do anything wrong.

I would love to see Ms Debbie Misogyny also add wording to the bill that those employers who opt out must pay full maternity benefits and paid time off. You know so women can do God's will and pop out a bunch of babies.

[moosewing]

03:35 PM on 03/30/2012

Simple solution - Stop mandating that employers provided health insurance. Allow insurance companies to offer different types of plans like they do with Auto insurance. People can buy their own plan. Some would cover birth control or abortion. Some would not. If you don't want to pay for it, you don't buy from that company or that policy.

[PhoenixLady]

12:56 AM on 03/31/2012

They do that now and guess what? Those plans are not affordable at all. The state of AZ mandates that everyone who drives a car must purchase auto insurance that is one of the reason's that it is more affordable than health insurance.

[foomoni]

06:53 PM on 03/31/2012

Do people really believe employers must provide insurance..or that it's always reasonable when they do? I have worked for a company that did not provide insurance, moved on to become a supervisor for another company , making a substantial amount more, but netted the same amount or less in my paycheck after paying 600.00 a month for health insurance covering myself and my sons. I guess I assumed that everyone advocating for any of the various current health issues, from women's care to health insurance, educated themselves on the subject first.

[Silverado Lady]

02:52 AM on 03/29/2012

HOPE all of them have to pay out of pocket, it would serve the women of Arizona right for making the err of putting these people in office, in the first place.

**SAD that a few can destroy so many**

[Darleen16]

08:49 PM on 03/28/2012

Things are getting tough in Arizonistan and also in Texastan, Georgistan, Virginiastan and those middle eastern banana republics. I hope the ladies can get still tougher to vote all these insane "representatives" out of office.

[CarlyQ]

07:15 PM on 03/28/2012

Wow, they're not even attempting to hide the discrimination and misogyny anymore.

What's next? A bill outlawing women from going to the gym or having a physically demanding job?

[PhoenixLady]

01:00 AM on 03/31/2012

I was thinking that they might allow employers to not cover epidurals or any other pain meds during child birth since God decided Eve's punishment for being a weak and stupid woman would be for her to suffer during child birth. Heck employers could cite ANY nonsensical superstitious reasoning based on whatever myths they like to deny anything they want.

[Yikes11]

03:39 PM on 03/28/2012

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[montn2]

02:22 PM on 03/28/2012

Spread the word......Lesko is chairperson for ALEC in AZ. Nuff said.

[montn2]

02:17 PM on 03/28/2012

Women in AZ need to unite a solid front to repeal such nonsense bills. They can do it if they just get organized. If they do not, they lose.

[JMArmajo]

04:37 PM on 04/03/2012

and if they lose.. it will come to other states soon enough

[equilange]

02:10 PM on 03/28/2012

How is an employer going to assert a moral or religious objection UNLESS they have access to personal health information of their employees? It is totally disingenous for Lesko to suggest she "never had that in mind". There is no other way for the employer to formulate their grounds for deciding what health care their female employees can and cannot have on a case-by-case basis without reviewing the health information relevant to each case.

[PhoenixLady]

01:07 AM on 03/31/2012

They would just stipulate to the insurance co what coverage is to be included in the contract on the plan the purchase for their employees and the insurance company would administer the rules when paying claims. It would be kind of like seeking a prior authorization only for nonsensical discriminatory reasons rather than to contain costs and provide the best possible treatment. It just creates more red tape and admin costs. And would more likely than not influence increased premiums. I think it's truly sad that people who are ignorant to the most basic health care privacy laws are even allowed to write these garbage bills.

[equilange]

02:08 PM on 03/28/2012

I wonder if this will expose employers to lawsuits, should individuals not take medication they need to avoid the legislated humiliation aimed only at women. Seems to me that employers who make decisions about what health care their employees can and cannot receive through insurance should be liable for the outcome, at least in part.

[newpoliticaljunkie]

02:05 PM on 03/28/2012

If I lived in Arizona, I don't think I would be requesting insurance. What I would be requesting at the polls this Fall is new representation.......

[newpoliticaljunkie]

02:02 PM on 03/28/2012

Arizona - no longer known as a beautiful vacation destination, but rather for it's extreme politics. Frankly, I use to love to visit, but don't think they'll be getting my vacation dollars anymore......

[Paisano]

01:52 PM on 03/28/2012

Wilma Flinstone and Betty Rubble are pissed!