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Commissioner wants to study whether abortion and birth control can be part of county health plan

April 30, 2007

GENESEE COUNTY — The low-income health plan that voters approved new taxes for in November doesn’t pay for birth control, condoms or abortion.

But Commissioner Rose Bogardus, D-Davison, wants to know whether the county Board of Commissioners can force administrators with the Genesee Health Plan to make those services available to women.

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“A woman’s health is as important as a man’s health,” said Bogardus, who this week asked county attorneys to research whether commissioners, who oversee spending of the 1-mill property tax, can make the demand.

Even before there’s an opinion, the request is already splintering the nine-member commission on the touchy issues tied to family planning.

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How to control my body

April 26, 2007

TECHSPLOITATION The biological functioning of my body is all over the news right now. Lawmakers and federal regulatory agencies are asking themselves whether I should be allowed to have abortions, and whether I should be allowed to take a drug that prevents me from menstruating. You probably know about the brouhaha over abortion, spurred by the recent Supreme Court decision, but you may not have realized that decision came as the Food and Drug Administration decides the fate of Lybrel, a birth control pill that could liberate millions of women from paying Tampax for “wings” every month. But these two issues are not unrelated. They are both symptoms of how much the government loves to regulate the basic functioning of my body. Still, there are some key differences.

Most arguments over abortion boil down to whether you think a woman’s right to control her future is more or less important than the much-debated rights of a potential human.

Because the legal status of a fetus has become part of the abortion debate, it’s hard to cast abortion purely as a female reproductive rights issue (as much as I’d like to do that). These days the abortion debate is also about how we define human life and whether a fetus constitutes a being that deserves legal protection.

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However, the issue of controlling menstrual cycles is unequivocally about the female reproductive cycle, untainted by questions of embryo civil rights. Why should there be any controversy over pharmaceutical company Wyeth marketing Lybrel, which is exactly like a birth control pill without the seven-day placebo cycle that creates a fake period? (In case you aren’t a Pill geek, the period women have while taking contraceptive pills is caused only by hormone fluctuation and not a biological need to flush out unused eggs - the Pill works by preventing the ripening of said eggs. So it’s purely a cosmetic menstrual cycle.)

There are good reasons to test Lybrel, since nobody is completely sure what might happen in the long term to women who stop menstruating. But now that Wyeth has demonstrated the safety of this pill, what’s the big deal? The New York Times recently published a much-discussed article about negative reactions to Lybrel and other drugs like it. Canadian psychologist Christine Hitchcock told the paper she didn’t like “the idea that you can turn your body on and off like a tap.” Giovanna Chesler, who just made a documentary about “the end of menstruation,” objects to the idea that taking a daily pill makes women appear defective. “Women are not sick,” she said. “They don’t need to control their periods for 30 or 40 years.”

It’s interesting that Chesler uses the word “control” in her comment. Why are women eager to relinquish control over their periods, arguably one of the most annoying …

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Some women consider their menstrual cycle a symbol of fertility and health; others loathe its discomfort

April 24, 2007

For many women, a birth control pill that eliminates monthly menstruation might seem a welcome milestone.

But many view their periods as fundamental symbols of fertility and health, researchers have found. Rather than loathing their periods, women evidently carry on complex love-hate relationships with them.

This ambivalence is one reason that a decision expected next month by the Food and Drug Administration has engendered controversy. The agency is expected to approve the first contraceptive pill that is designed to eliminate periods as long as a woman takes it. Doctors say they know of no extra risk to the new regimen, but some women are uneasy about the idea.

“My concern is that the menstrual cycle is an outward sign of something that’s going on hormonally in the body,” said Christine Hitchcock, a researcher at the University of British Columbia. Hitchcock said she worries about “the idea that you can turn your body on and off like a tap.”

That viewpoint is apparently one reason some already available birth control pills that can enable women to have only four periods a year have not captured a larger share of the oral contraceptive market.

“It’s not an easy decision for a woman to give up her monthly menses,” said Ronny Gal, a drug industry analyst at Sanford C. Bernstein.

But if the new pill, called Lybrel, is approved, Gal predicts an onslaught of advertising meant to persuade women to do just that. The drug’s maker, Wyeth, said
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last week that it was expecting FDA approval in May, but has declined to discuss its marketing plans.

The company’s research shows that nearly two-thirds of women it surveyed expressed an interest in giving up their periods. That dovetails with the findings of similar research conducted by Linda Andrist, a professor at MGH Institute of Health Professions in Boston.

“We don’t want to confront our bodily functions anymore,” Andrist said. “We’re too busy.” Doctors say they know of no medical reason women taking birth control pills need to have a period. The monthly bleeding that women on conventional pills experience is not a real period. Studies have found no extra health risks associated with pills that stop menstruation, although some doctors caution that little research has been conducted on their long-term effects.

Examining the debate

The topic has, however, spawned an hourlong documentary by Giovanna Chesler, “Period: The End of Menstruation?,” currently screening on college campuses and among feminist groups.

Chesler, who teaches documentary making at the University of California-San Diego, said she became concerned about efforts to eliminate menstruation when she first heard about the idea several years ago.

“Women are not sick,” she said. “They don’t need to control their periods for 30 or 40 years.”

The subject also has ignited a debate within the Society for Menstrual Cycle Research, a scientific organization that studies the medical and social science of menses.

In 2003, the group issued a position statement saying that more research was needed before women could make an informed choice about using pills that suppress their periods. That statement could be revised at the group’s meeting scheduled for Vancouver, British Columbia, in June.

Long-term implications

Hitchcock, a director of the organization, said although some research has been comforting, she remained concerned that medical science did not fully understand the long-term implications of interrupting women’s periods. The same hormones that work on the menstrual cycles act in the brain, bones and the skin, she said.

“You need to think about whether there are consequences we don’t know about for the whole body,” said Hitchcock, who is with the Centre for Menstrual Cycle and Ovulation Research.

There also has been a backlash among groups that celebrate the period as a spiritual or natural process, such as the San Francisco-based Red Web Foundation (www.redwebfoundation.org).

“The focus of our group is to create positive attitudes toward the menstrual cycle; suppressing it wouldn’t be positive,” said Anna Yang, a holistic nurse and executive director of the organization.

Eliminating menstruation is not a completely new concept. Women who take any kind of oral contraceptive do not have real periods.

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Because the hormones in pills stop the monthly release of an egg and the buildup of the uterine lining, there is no need for the lining to shed - as occurs during true menstruation.

But since the advent of oral contraceptives in 1960, birth control pills typically have been designed to mimic the natural 28-day menstrual cycle to assure women using the pill that their bodies were functioning normally. The pills usually are packaged as regimens of 21 days of hormone pills and seven inactive pills. The interruption of hormone therapy during the inactive part of the regimen induces bleeding that resembles a mild period but is, in fact, caused by unstable hormone levels.

In recent years, drugmakers have come out with new pill regimens that tinker with the 28-day cycle by increasing the number of hormone pills, creating a shorter span of bleeding.

The drugmaker Barr caused a sensation in 2003 by introducing Seasonale, a contraceptive regimen packed as 84 hormone pills and 7 placebo pills. Users have “periods” only once every three months.

Carol Cox, a spokesman for Barr, said Seasonale sales reached $120 million in the 12 months ended June 2006, before a generic equivalent by Watson entered the market. Even at that peak, Seasonale accounted for what Gal called a “small segment” of the $1.7 billion annual U.S. market for oral contraceptives.

Barr, which says it believes there is a larger market for the pills, is sponsoring a Web site, www.fewerperiods.com, that explains how the pill works. The company plans a direct advertising campaign within the next few months for a newer version, Seasonique, which also reduces periods to four a year.

At a Wyeth presentation to investors and analysts in New York in October, the company’s therapeutic director for women’s health, Dr. Ginger Constantine, presented data predicting that annual sales could reach $250 million for Lybrel, which is designed to be taken daily.

The company has not said what it expects to charge for Lybrel, but birth control pills generally cost $18 to $50 a month, depending on the brand.

Constantine cited company-financed research indicating that women often feel less effective at work and school during their periods. They limit sexual activity and exercise, wear dark clothes and stay home more, resulting in absenteeism, she said.

Menstrual suppression may be particularly appealing to women who suffer severe pain, heavy bleeding or emotional problems during their periods. A study by Canadian researchers found that women afflicted by heavy menstrual bleeding give up $1,692 a year in lost wages.

One woman who now uses Seasonale said she had found her periods debilitating before she started taking it.

“I had some months when I couldn’t get out of bed unless I popped 600 milligrams of Motrin,” said Marcella O’Neal, a department manager for Nordstrom in Atlanta. O’Neal, 36, said Seasonale had eliminated many of her symptoms - cramping, hot flashes and depression. “I love it, actually,” she said.

Views about menstruation have long been mixed. Some cultures have banished menstruating women to huts or required special baths after periods. Others believed that menstruating women had special powers.

Wyeth’s research indicates that ambivalence toward the menstrual period continues today. A close look at the data reveals that half of the women said they found comfort in their periods as an indication that they were not pregnant. Nearly a quarter of the women polled said they were attached to their periods as a natural part of womanhood.

For some women who view their periods as the natural order of things, the qualms go beyond purely medical concerns.

At the alternative Bluestockings Bookstore on the Lower East Side of Manhattan this month, several dozen women gathered for the New York premiere of “Period: The End of Menstruation?”, Chesler’s hourlong documentary. Although it explores the idea of suppressing the menstrual period, the movie leaves the viewer to make up her own mind.

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Must Employers Who Cover Prescription Drugs Cover Contraception?

April 18, 2007

Last month, the U.S. Court of Appeals for the Eighth Circuit ruled that an employer need not provide insurance coverage for prescription contraceptives - which are only used by women — in order to comply with Title VII’s guarantee of sex equality.

In this column, I’ll explain how this ruling directly contravenes a ruling by the Equal Employment Opportunity Commission (EEOC), the agency charged with implementing federal employment discrimination laws; and why it makes the need for federal regulation of contraceptive coverage even more pressing.

Access to Contraception as a Women’s Issue: Why the EEOC Views Contraceptive Coverage as Guaranteed by the Pregnancy

The class of prescription drugs and devices currently available to prevent pregnancy - birth control pills, Depo Provera, and intrauterine devices (IUDs), to name the most common ones — are exclusively used by women. Women are therefore the ones hurt by the lack of insurance coverage for contraception — poor women, most of all. And, obviously, the lack of access to contraception may result in unwanted pregnancy, a consequence that imposes disproportionate and unique burdens on women.

It is for these reasons that access to contraception has figured prominently on the agenda for women’s rights advocacy during the last decade. Fortunately, that effort has brought about many successes.

First, as a result of many months of pressure from public interest organizations, the EEOC issued a ruling, in January 2001, on insurance coverage for contraception. Though the groups had formally requested a “policy guidance,” a formal interpretation of a federal statute issued by its implementing agency, the EEOC instead expressed its views in an individual case. In that ruling, the EEOC made clear that it agreed with the public interest organizations that omitting contraceptive coverage from employee insurance is illegal.

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In its ruling, which I have discussed at length in a previous column, the EEOC held that an employer’s failure to provide insurance coverage for prescription contraceptives was a form of illegal pregnancy discrimination.

The Pregnancy Discrimination Act of 1978 (PDA) amended Title VII to provide that discrimination on the basis of “pregnancy, childbirth, or related medical conditions” is a form of sex discrimination. (The Supreme Court had previously interpreted Title VII to provide no protection against pregnancy discrimination in General Electric Co. v. Gilbert.) The PDA also provides that employers must treat pregnant women no worse than other comparably disabled employees.

With respect to contraceptive coverage, the EEOC began its analysis by reasoning that a classification on the basis of contraception is a classification on the basis of pregnancy. It relied on the Supreme Court’s ruling in International Union, UAW v. Johnson Controls, holding that an employer’s prohibition on fertile women’s securing certain jobs with lead exposure violated the PDA. To reach that conclusion, the Court reasoned that the PDA prohibits discrimination on the basis of potential pregnancy, as well as actual pregnancy. Relying on this precedent, the EEOC concluded that the PDA prohibits employers from discriminating against employees who try to control their own ability to get pregnant, through the use of contraception.

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UHS lowers price of birth control

April 17, 2007

University Health Services announced Friday it negotiated a new deal with generic contraceptive brands to offer lower prices for students.

After federal legislation forced pharmaceutical companies to remove their nominal price contracts, UHS was forced to double its prices on oral contraceptives in March 2007.

According to Kathleen Kuhnen, nurse manager of the Women’s Clinic at UHS, contraceptives were offered at $7 to $8 per cycle before the legislation and then ballooned to between $20 and $22. Since demand increased for the generic pills, Kuhnen said they were able to renegotiate a contract so that they can now offer them for between $16 and $17.

“In the real world, you’d pay between $35 to $50 per cycle,” Kuhnen said. “We’re selling a lot of generic products, so the company that makes them was able to renegotiate a contract so 12 contraceptives can be offered at less than $17.”

With the reduced prices, Kuhnen said students have more opportunities to find the pill that fits them best.

Yet despite the transition phase between the initial price hike and now, Kuhnen said most of their customers have stayed with UHS.

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“Most of our students have stuck with us, and we’ve been able to give free samples,” Kuhnen said. “I hope they’ll be able to stay with it; over time, it was going to become harder and harder. It was important to get them through the first couple months with samples and some things.”

According to a release Friday, the American College Health Association, of which UHS is a member, is working on creating an exemption to the federal legislation that raised the prices in the first place.

The association said it is “deeply concerned about any legislation, regulation or policy development that affects students’ access to reproductive health care and education.”

A UW freshman who spoke on the condition of anonymity said she was worried about rising prices that might lead to a student opting to go off the pill.

“Without the pill’s protection, an unwanted pregnancy has a higher chance of resulting,” she said, “bringing with it deeper costs and consequences than a pack of Ortho Tri-Cyclen a month.”

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Results of Two Epidemiological Studies Provide Important New Clinical Information About the Safety of ORTHO EVRA

April 12, 2007

RARITAN, N.J., Feb. 16 /PRNewswire/ — Ortho Women’s Health & Urology, the maker of the ORTHO EVRA(R) (norelgestromin/ethinyl estradiol transdermal system) birth control patch, has received the first results from two separate ongoing epidemiologic studies that were designed to evaluate the risk of experiencing serious side effects when using this form of hormonal birth control therapy. With the support of the study investigators, Ortho Women’s Health & Urology is making this information available and sharing the data with the U.S. Food and Drug Administration (FDA) and other health authorities.

The objective of the first epidemiological study, which was conducted by the Boston Collaborative Drug Surveillance Program, was to evaluate the combined risk of heart attack and stroke in first-time users of ORTHO EVRA(R) compared with first-time users of a norgestimate-containing oral contraceptive (OC) with 35 micrograms of estrogen. The other objective of the study was to separately evaluate the risk of heart attack, stroke and venous thromboembolic events (VTE) in the same women. The first published paper from this study, which specifically evaluates the risk of nonfatal VTE, appears on the website of the journal Contraception. VTE includes deep vein thrombosis, otherwise known as DVT (blood clots in the large veins of the leg), and pulmonary embolism (blood clots in the lung). This study concludes that “the risk of nonfatal VTE for the contraceptive patch is similar to the risk for OCs containing 35 micrograms of ethinyl estradiol and norgestimate.” The evaluation of the other study objectives, including the risk of heart attack and stroke is ongoing, but the currently available data do not show an increase in the risk of the combined endpoint of heart attack and stroke with the use of ORTHO EVRA(R).

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The interim report of the second study, which was conducted by i3 Drug Safety, an Ingenix company, will be published at a later date. The objective of this study was to evaluate the combined risk of heart attack and stroke in users of ORTHO EVRA(R) compared with users of a norgestimate-containing oral contraceptive with 35 micrograms of estrogen. The evaluation of the combined risk of heart attack and stroke is ongoing, but the currently available data do not show an increase in the combined risk of heart attack and stroke with the use of ORTHO EVRA(R). The other objective of the study was to separately evaluate the risk of heart attack, stroke and VTE in the same women. The study shows an approximately two-fold increase in the risk of VTE in users of ORTHO EVRA(R) compared with users of the oral contraceptive. VTE is a relatively rare event but has been reported as a potential risk of all hormonal contraceptive therapy. Other analyses, including further evaluation of potential differences in risk factors between the two groups, are ongoing.

These studies were conducted using information from large medical insurance claims databases in the United States. The U.S. Food and Drug Administration (FDA) was consulted on the design of both studies, which utilize recognized methodology to assess the safety of oral contraceptives. Both studies were supported by research funding from Johnson & Johnson Pharmaceutical Research & Development.

ORTHO EVRA(R) is indicated for the prevention of pregnancy in women who elect to use a transdermal patch as a method of contraception. The pharmacokinetic profile for the ORTHO EVRA(R) transdermal patch is different from that of an oral contraceptive. Healthcare professionals should balance the higher estrogen exposure with ORTHO EVRA(R) against the chance of pregnancy if a contraceptive pill is not taken daily. It is not known whether there are differences in the risk of serious adverse events.

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Birth control gets more expensive

April 10, 2007

When Congress passed the Deficit Reduction Act of 2005, many college health centers were unaware that the federal law would affect them.

The law includes several provisions to decrease federal spending and college health centers across the country are just starting to feel what may be an unintentional effect of the bill: soaring birth control prices.

Prior to the 2005 law, drug companies offered colleges hefty discounts, because the costs were exempt in a federal formula used to calculate the amount that the companies owed states to participate in Medicaid.

Since the new law eliminates that incentive, fewer drug companies are willing to offer discounted prices to college health centers. As a result, the price of birth control at some college health centers have more than tripled, causing some college health officials to worry about how students will manage the cost spike.

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Dr. Jane Halpern, director of health services at the Dowell Health Center and an American College Health Association member, said that ACHA is trying to get Congress to exempt college health centers from this new law “because they say it was never the intent to include them.”

“I really think that it was unintentional that college health centers got whacked with this law. They just don’t realize that it would have that kind of impact,” she said. “Hopefully, the pressure from lobbyists may help get some kind of provision that college health centers can get exempted. The minute that happens, we certainly will lower our charges.”

Cost is always an issue because the health center operates on a “narrow budget margin,” Halpern said. The health center buys contraceptives from drug companies and makes its money back when students buy them.

“When we learned about the increase, one of our first questions was, ‘can we afford this?’ We budget a certain amount that we can spend, and we have to put all that money out first. We can’t afford to put out all that money and then just have the birth control sitting on shelves because the students can’t afford to buy it,” she said.

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J&J Takes Preventive Online Measures To Preempt Birth Control Backlash

April 5, 2007

TRYING TO STAVE OFF ADDITIONAL damage, Johnson & Johnson is looking to preempt negative online attention for its birth control patch, Ortho Evra, and has been buying the rights to negative domain names. Some of those include very morbid-sounding e-ddresses such as Deathbypatch.com and Orthoevrakills.com.

J&J, via its Ortho McNeil Pharmaceuticals unit, makes and markets many of the top-selling brands of birth control pills, including Ortho-Cyclen, Ortho Tri-Cyclen Lo, and Ortho-Novum. Its Ortho Evra birth control patch, however–which came on the market in the U.S. in 2002–is facing consumer lawsuits due to blood clots and strokes.

The brand, via a warning from the U.S. Food & Drug Administration in November 2005, does carry a sterner warning of blood clot risk. While all birth control pills (and many other medications containing estrogen-based hormones) carry a risk of blood clots and other complications, the risks are larger with the birth control patch, as women are exposed to higher level of hormones versus oral medications.

While none of the domain names purchased and registered by J&J were in use, it’s quite possible that they would have eventually–maybe sooner rather than later, likely by litigators who have become quick to pounce on pharmaceutical companies.

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“It’s really a best practice move,” says Larry Mickelberg, Senior Vice President/Marketing of Medical Broadcasting Co., an interactive pharmaceutical agency that just yesterday announced a consolidation with parent agency Digitas to form Digital Health.

J&J’s preemptive damage control may in part come from learning what not to do by watching Merck’s experience with Vioxx, its arthritis drug that is now off the market. That situation prompted Web sites with names like Vioxxlitigation.com, Vioxxlawyers.com and others also referenced by medical malpractice attorneys in TV spot ads. “Vioxx has definitely changed the rules for drug companies,” says Mickelberg.

A study from February 2006 showed that blood clot risk was doubled for women using the birth control patch versus oral contraceptives. In addition, women who use the patch are exposed to 60% more hormones than those who take birth control pills.

The appeal for many women who use the patch, however, is convenience–a benefit that is played up in Ortho Evra’s direct-to-consumer print and TV ads–as well as lowering the risk of an unwanted pregnancy in the event one forgets to take the pill.

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No price control for birth control

April 3, 2007

For college students, safe sex just got more expensive. Prices for prescription contraceptives have surged at student health centers across the country.

The recent Deficit Reduction Act (DRA), passed by Congress and signed into law by President Bush, prevented the Centers for Medicare and Medicaid Services (CMS) from allowing universities to purchase hormonal birth control at discounted prices as they had been able to do in the past.

Prior to the DRA, student health centers were exempt from Medicaid laws that required companies to pay a certain amount of money back to the government to ensure that Medicaid patients were getting the lowest price for the drugs. This allowed drug companies to sell drugs in bulk to non profit clinics like student health centers. This method enabled companies to gain customer loyalty and the student health centers to reduce out-of-pocket costs for students, according to the American College Health Association (ACHA).

As of January 1, however, the law was changed to include college health centers among the organizations that have to pay the government to compensate for offering lower prices to its patients. Therefore, health centers have been forced to charge more for prescriptions to pay back the government.

The reason was that, since college students weren’t included in the average price from which companies had to make up the difference, they were paying approximately 15 percent less than their non-college-affiliated counterparts. The government was forced to charge all these counterparts the same discount, or bring the price at college health centers up to par with that of free clinics and hospitals.

In addition, Congress became aware that some drug companies cheated the system by selling discounted drugs to for-profit hospitals in order to increase sales, according to the ACHA.

The change has affected colleges and universities nationwide that offer prescription birth control to their students, including Carnegie Mellon.

“The price of birth control has doubled and more than tripled in some cases,” said Anita Barkin, director of Student Health Services. “The students who have been particularly hit hard are those who do not have insurance coverage for birth control or have higher deductibles and those students who do not want their parents to be aware of their use of birth control and pay out of pocket for that reason.”

Carnegie Mellon’s student health center provides birth control to about 800 women on campus. Previously, the center provided oral contraceptives for $12 a month. Now, the same amount of medication costs $40. The price changes also affect users of Nuva Ring.

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In an effort to reduce costs for students, Student Health Services has increased its purchase of generic brands, which cost $20 per pack. In addition, students with health insurance through Carnegie Mellon’s recommended insurer, Blue Cross Blue Shield, will continue to receive their contraceptives at a discount (below $20).

Barkin suggests that students who are still unable to afford the new prices consider non-prescription alternatives, such as condoms. When used correctly, condoms are effective in preventing both pregnancy and sexually transmitted infection, and are cheaper than prescription methods.

“If a condom slips or breaks, a woman can take Plan B (also known as the morning-after pill), which is available for $30,” Barkin said.

“As many college students tend to be on a tight budget, the recent rise in the price of birth control may cause students to seek other less-expensive options. Unfortunately, many of the less-expensive options are also much less effective,” said Brian McGraw, a sophomore in H&SS and one of the university’s sexual assault advisors.

Meanwhile, in the absence of a permanent solution, affected students have been forced to make some quick budgeting decisions.

“The price increase is detrimental to [everyone] on campus … People will have to cut down on other things they buy to still afford it,” said Ali Oppelt, a first-year in CIT who receives her birth control from Student Health Services.

The ACHA is lobbying for an amendment to the DRA that would allow collegiate health centers to purchase contraceptives in bulk, as before. A group of representatives from the ACHA even traveled to Capitol Hill in an effort make the CMS aware of the negative impact of the DRA upon students at colleges and universities across the nation.

“I hope no one decides not to use [birth control] because of the price increase,” Oppelt said.

Advocates across the country are working toward a solution in hopes of preventing this problem.

“There has been a nationwide outcry from student health services across the country on this issue,” Barkin stated. “We continue to follow and support the lobbying effort of the American College Health Association.”

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