In 2006, Attorney General Mike McGrath of Montana issued a binding opinion stating that health insurance plans that provide prescription drug coverage are required to provide coverage for prescription contraceptives and related medical services.  The opinion relied on the state's Human Rights Act and the state's "unisex" insurance law, both of which prohibit sex discrimination.

The opinion was a strong victory for pro-choice advocates.  Ensuring adequate coverage for birth control helps reduce unintended pregnancy and the need for abortion.  NARAL Pro-Choice Montana Executive Director Allyson Hagen emphasized the importance of the decision for women's health and access to birth control: ''McGrath's opinion means that insurance companies can no longer cover Viagra but then refuse to pay for birth control.  Today's decision marks an end to a loophole that allowed insurance companies to discriminate against women in prescription drug coverage.''

51 Mont. Op. Att'y Gen. No. 16 (2006); Matt Gouras, AG Says Insurers Required to Cover Contraceptives, Assoc. Press, Mar. 29, 2006.