(Source: MIRS.news, Published 08/01/2024) This week, Sens. Mary Cavanagh (D-Redford Twp.) and Jeff Irwin (D-Ann Arbor) introduced the “Freedom to Plan Act,” a bill package that would require both Medicaid and private insurers to provide coverage for oral hormonal and emergency contraception - with or without a prescription.  

If passed, Michigan would join six other states to enact similar legislation requiring covered contraception.  

The two Senate Democrats said they believe expanding coverage for contraception will break down financial barriers to over-the-counter (OTC) contraceptives, providing Michigan residents with the autonomy to make their own medical decisions.  

“People should have access to every tool to plan and make informed decisions about their reproductive health,” Irwin said. “By expanding access to basic health care such as birth control, we can ensure everyone in our state has the ability to determine what their future looks like.”  

Currently, federal law requires Medicaid and most private health insurance plans to cover Food and Drug Administration (FDA)-approved contraceptive methods with a prescription.  

However, there is no federal requirement for covering non-prescription contraception.  

SB 973 and SB 974, which were introduced on July 31, would expand that requirement to also include oral hormonal contraception and oral emergency contraception, regardless of if they’re prescribed or over the counter, starting Jan. 1, 2026.  

The bills describe contraception as a “drug, device or other product, including but not limited to a hormonal drug, whether administered orally, transdermally or intravaginally, that is approved by the United States Food and Drug Administration to prevent pregnancy,” which the sponsors said leaves room for additional advances in over-the-counter oral hormonal contraceptives pending FDA approval.  

Emergency contraception is defined as a drug approved by the FDA to “prevent pregnancy following unprotected sexual intercourse or a known or suspected contraceptive failure.”  

Cavanagh’s SB 973 amends the state insurance code, while Irwin’s SB 974 amends the social welfare act.   

The bill was initially supported by Planned Parenthood of Michigan, Michigan Voices, the ACLU of Michigan, the Michigan Council for Maternal and Child Health, and the American College of Obstetricians and Gynecologists Fellow Advocacy Co-Chair, Dr. Halley Crissman. 

Cavanagh said that as the youngest woman serving in the Senate, at 33-years-old, and someone who’s still planning a 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 disproportionately 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,” she said.  

Cavanagh highlighted the use of oral hormonal contraception to also treat other women’s health concerns, including premenstrual syndrome (PMS), pain from endometriosis, and migraines, along with reducing the risk of gynecologic disorders like endometrial and ovarian cancer.   

The legislation has been referred to the Senate Health Policy Committee, where it awaits further action.