Michigan Democrats introduce bills requiring insurance to cover over-the-counter contraception

Updated, 4:46 p.m., 8/6/24

State Sens. Mary Cavanagh (D-Redford Twp.) and Jeff Irwin (D-Ann Arbor) have introduced a two-bill package intended to reduce financial barriers for over the counter hormonal contraceptives and emergency contraception. 

According to a statement for Michigan Senate Democrats, these bills would build on recent efforts to ensure residents have access to reproductive health care and family planning methods, including repealing the state’s 1931 abortion ban and passing both the Reproductive Health Act and the Family Protection Act. 

State Sen. Mary Cavanaugh (D-Redford Twp.) | Photo by Jon King

If signed into law, Senate Bills 973 and 974 would require Medicaid and private health insurance providers to offer coverage for contraception and emergency contraception, including over the counter options and regardless of whether it was prescribed. While federal law requires Medicaid and most private health insurance plans to cover Food and Drug Administration (FDA)-approved contraceptive methods with a prescription, there is no federal requirement that plans cover non-prescription contraception.

“Access to contraceptive care is critical to ensuring women have the power to plan their future,” Cavanagh said in a statement.

“As the youngest woman serving in the Senate and still planning my family, this legislation is not just about health — it’s about ensuring every Michigander has the freedom to make choices about their bodies and their lives. By removing unnecessary barriers to contraception that disproportionally impact low-income individuals and marginalized communities, we can build a more equitable care system that empowers and supports the holistic well-being of all Michiganders,” Cavanagh said. 

Democratic lawmakers introduced similar efforts in 2019 and 2020 requiring insurance policies to cover contraceptive drugs, devices and other products; voluntary sterilization procedures; patient education and counseling on contraception and follow-up services related to the covered drugs, devices, products and procedures. Neither bill was put to a vote. 

As of 2024, six states require insurance plans to cover at least some over the counter contraceptives: Maryland, New Jersey, New Mexico, New York, Washington and California. 

In addition to preventing unintended pregnancies, oral contraceptives are also used to address other health conditions, including menstrual-related disorders such as menstrual pain, irregular menstruation, fibroids, endometriosis-related pain and menstrual-related migraines. 

Use of a combined oral contraceptive pill was also tied to a 50% decrease in the risk of endometrial cancer as well as a 27% decrease in risk for ovarian cancer and a 18% decrease in risk for colon cancer.

“With these bills, we can remove a cost barrier to contraceptive access and help empower individuals to make their own choices about if, and when, to become pregnant and parent in Michigan,”  Amy Zaagman, executive director of the Michigan Council for Maternal and Child Health, said in a statement. 

“These bills recognize that contraception is health care and with the release of safe over-the-counter options, allowing individuals to use their insurance coverage to remove any cost barriers only makes sense,” Zaagman said.

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