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By Jordan King
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New York Attorney General Letitia James has achieved a $1 million win for people who were denied health insurance coverage for birth control.
UnitedHealthcare of New York, Inc. (UnitedHealthcare), the largest health insurer in the country, will have to pay a $1 million penalty and reimburse those who were denied coverage and paid out of pocket, with 12 percent interest.
The case came after the Office of the Attorney General received a complaint from a patient in Brooklyn who was denied coverage for oral contraception. An appeal was rejected, forcing the patient to try alternative treatments, ultimately leading to them having to go without their birth control.
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This goes against New York's Comprehensive Contraceptive Coverage Act (CCCA), which makes it a requirement for insurers to cover contraceptives without co-pays, restrictions or delays.
The attorney general's statement said: "Health insurers that deny, restrict, or delay coverage of birth control impose unnecessary and unwarranted costs for patients, restrict equitable access to reproductive care, and force patients to skip or delay care because of financial barriers."
As part of the settlement, UnitedHealthcare has also been ordered to ensure that, from now on, all of its plans cover birth control the way they are supposed to.
"Birth control is an important medication that millions of people use every day," James said. "Denying health insurance coverage for birth control can cause serious health concerns for anyone who takes the medication.
"Reproductive health care is essential to the safety and wellbeing of New Yorkers, and it is crucial that health insurers abide by New York's reproductive health care laws.
"I encourage anyone who may have had their birth control coverage denied by their health insurance company to contact my office and file a complaint. New Yorkers can rest assured that my office will always protect access to reproductive health care."
UnitedHealthcare told Newsweek: "UnitedHealthcare is committed to women's health, including ensuring the people we serve have timely access to a variety of high-value and affordable FDA-approved contraceptives when they need them.
"In fact, UnitedHealthcare provides access to more than 150 FDA-approved contraceptive options with $0 cost-share. We apologize for the delay in access to one brand of progestin-only oral contraceptive in New York. We are in the process of resolving these claims with our members."
People who are eligible for reimbursement include patients who should have been covered beginning June 1, 2020. People entitled to this reimbursement should receive payment in the mail and those with potential claims will receive a notice inviting them to submit a claim.
If you are a customer of UnitedHealthcare who paid for contraception, and you believe it should have been covered, you can email UHC_NYContraceptives_support@uhc.com. If you do, you should "list the exact type of contraception, approximate date(s) of the claims for coverage, and the amount they believe they overpaid."
The ruling came after James celebrated a major win for abortion rights when a proposed constitutional amendment on reproductive freedoms was reinstated to the ballot in November.
The Fourth Judicial Department of the New York State Supreme Court unanimously agreed to reverse a lower court's decision in May that blocked the proposal, titled the Equal Rights Amendment, from appearing on the state ballot. Judge Daniel Doyle had ruled that state lawmakers made a procedural error when approving language for the amendment.
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