August 9, 2010

By Rich Bernstein

Claiming that the male contingency in the Milwaukee Teachers’ Education Association (MTEA) is being discriminated against, lawyers for the group have filed a case to reinstate taxpayer-funded Viagra to the association’s medicine cabinet. The legal campaign was launched two years ago, and although nearly 400 Milwaukee teachers have lost their jobs in the last two months, the battle goes on.

Viagra, a prescription drug for erectile dysfunction, was covered by the association’s health plan from 2002 to 2004 and cost the district more than $200,000 per year. More than 1,000 men took advantage of Viagra annually through the plan, but in 2005 the Milwaukee school board decided to eliminate the coverage of Viagra for cost-saving reasons.

The price of Viagra has gone up about 140% since it was introduced in 1998, and one estimate put the annual cost of Viagra at nearly $800,000 per year were its coverage to be reinstated for the MTEA health plan. The MTEA’s lawyers contend that FDA-approved Viagra, Cialis and Levitra are a necessary treatment for “an exclusively gender-related condition.” The same lawyers argue that vaginal cream, anti-bacterial medicine and estrogen-replacement medicine are covered for female members of the MTEA, so Viagra should also be covered.

A decision is not expected from the courts for several months on the case, which appears to be the only one of its kind in the court system, either present or past. The senior attorney from the National School Boards Association said she has not heard of case where a union negotiated coverage for an erectile dysfunction drug. Typically unions help negotiate premiums and co-payments for school districts she said. Also, Viagra, Viagra online, Cialis, and Levitra are typically not covered on any type of plan unless it is a premium plan.

Another point of contention is whether or not Viagra is a medical necessity. The MTEA feels that Viagra and erectile dysfunction medications are lifestyle drugs that are not used out of medical necessity. The teachers’ union argues that Viagra is a necessary medication, and that erectile dysfunction is a serious condition caused by, or associated with, heart disease, prostate cancer, diabetes, and more.

Other male erectile dysfunction options such as penile pumps and implants are covered by the current MTEA health plan, but the union states these are “far less desirable.” It appears there is no end in sight for the Viagra court battle in Milwaukee.

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