Women's Law Center Files Complaints against Universities for Violating Health Care Law
ByThe National Women's Law Center filed complaints Tuesday with the U.S. Department of Health and Human Service's Office for Civil Rights against several businesses and universities for allegedly failing to offer pregnancy coverage to their employees' dependent children. This violates a provision of the Patient Protection and Affordable Care Act (PPACT) that forbids gender bias in health care programs that receive federal funds.
The Center claims that five institutions including Auburn University, Gonzaga University and the Pennsylvania State System of Higher Education (PASSHE) are not providing maternity services to young women listed on their parents' plans.
The remaining two institutions are Battelle Memorial Institute and Beacon Health System.
The Center is urging the Office for Civil Right to order these five institutions to modify their health plans in accordance with the federal law because organizations that are eligible for federal funds should provide full maternity coverage to employees' dependent children up to age 26 under the Affordable Care Act.
"If employees' male children are being provided comprehensive health care coverage, but the female children are being denied maternity coverage, then the policy is arguably discriminating on the basis of sex because it denies female children of employees what they need for 'comprehensive' health-care coverage," Rona Kaufman Kitchen, an assistant professor of law at Duquesne University said.
The Center said that if these companies, representing different industries located in different parts of the country, are asked to follow rules, other organizations will follow suit.
"Pregnancy coverage is an essential insurance benefit for women," said law center Co-president Marcia D. Greenberger. "Our message to PASSHE and every institution providing health insurance in the country is that treating pregnancy differently, including by omitting it from health insurance coverage, is sex discrimination, pure and simple, and as such violates the law."
Pennsylvania State System of Higher Education spokesman Kenn Marshall said that all their health care plans provided maternity coverage to covered employees, spouses and domestic partners.
Marshall said that their employees can select from among several plans, with some providing full maternity coverage to dependent daughters and one providing coverage to dependent daughters for some prenatal care, testing and some procedures that arise due to pregnancy complications.