Senate Committee Hears Testimony on Legislation to Improve Access to Contraception, Give Michiganders the Freedom to Plan

LANSING, Mich. (Sept. 26, 2024) — Today, Sens. Mary Cavanagh (D-Redford Twp.), Jeff Irwin (D-Ann Arbor), and Mallory McMorrow (D-Royal Oak) testified on the Senate Democrats’ “Freedom to Plan” package in front of the Senate Health Policy Committee, which is chaired by Sen. Kevin Hertel (D-St. Clair Shores). Composed of Senate Bills 973, 974, 987, 988, and 1006, this package seeks to break down financial barriers to over-the-counter (OTC) oral hormonal contraceptives and emergency contraceptives, as well as ensure more inclusive postpartum access to long-acting reversible contraception methods like intrauterine devices (IUDs) and implants.

“While there are forces actively working to dismantle reproductive rights across the nation, here in Michigan, we are fighting to ensure that our residents have equitable access to the healthcare that they need and deserve,” said Sen. Cavanagh. “The Freedom to Plan Act is a commonsense solution that will improve health outcomes, save taxpayer dollars, protect bodily autonomy, and expand access to reproductive healthcare for Michiganders of all backgrounds. Everyone deserves the freedom to plan their own future, and this bill package reaffirms that fundamental right.”

For over six decades, contraception has been an integral component of women’s health care. Named as one of the 10 greatest public health achievements of the 20th century by the Centers for Disease Control and Prevention, contraception has played a pivotal role in expanding women’s bodily autonomy, ensuring they can plan their pregnancies in a way that allows them to excel in various social and professional spaces. Beyond preventing unintended pregnancies, oral hormonal contraception provides additional health benefits while also saving taxpayer dollars in the long term and boosting economic output.

“The conversation about if, how, and when you want to plan a family belongs at the dinner table, not at the desks of politicians,” said Sen. Irwin. “This legislation will be monumental in advancing reproductive rights in Michigan, ensuring residents across the state can access an essential tool for family planning and safeguard their well-being with the many other health benefits contraception provides. This is smart policy. This is necessary policy. Let’s get this done.”

While federal law requires Medicaid and most private health insurance plans to cover U.S. Food and Drug Administration (FDA)-approved contraceptive methods with a prescription, there is no federal requirement that plans cover nonprescription contraception — leaving many individuals without the ability to access the care they need. To rectify this issue, Senate Bills 973 (Cavanagh) and 974 (Irwin) would require Medicaid and private insurers to provide point-of-sale coverage for oral hormonal contraception and emergency contraception with or without a prescription. This legislation comes after the first OTC oral hormonal contraceptive was approved by the FDA last year, which marked a significant step forward in expanding access to contraception, particularly for marginalized individuals and those from rural communities.

“It’s hard to think of any decisions in one’s lifetime greater than deciding if and when to get pregnant. Access to contraception empowers women and families to take control on expanding their families, on their time and on their terms, safely and reliably. And for me, it’s personal. Having access to contraception throughout my own life enabled me to be the proud working mom I am today,” said Sen. McMorrow. “My legislation to expand access to immediate postpartum long-acting reversible contraception (IPP-LARC), and our entire Freedom to Plan legislation, will ensure that every Michigander is empowered to make informed health decisions for themselves free from unnecessary barriers.”

The Health Policy Committee also heard testimony on legislation to expand access to immediate postpartum long-acting reversible contraception (IPP-LARC) like intrauterine devices and implants, an innovative strategy to help reduce the rate of unintended short interval pregnancies and improve maternal health outcomes. Despite the proven benefits postpartum contraception provides, this service is not included in most health plans’ Labor and Delivery bundle, meaning patients must pay out-of-pocket costs. To ensure no family is forced to forgo vital postpartum care due to cost constraints, Senate Bills 987and 988 (McMorrow) seek to remedy the issue by requiring private insurers and Medicaid to cover the placement of IUDs, implants and other long-acting reversible contraception and accompanying anesthesia services immediately following labor. Together with Senate Bill 1006 (McMorrow), which would require hospitals to stock IUDs, these bills would ensure that Michiganders have both coverage and access to postpartum contraceptive methods so they can grow their families on their own terms.

“We’ve seen time and time again that Michiganders do not want politicians interfering with personal decisions regarding their health and their family,” said Sen. Hertel, Chair of the Senate Health Policy Committee. “Today, we’re listening to them and taking steps to ensure the freedom to plan isn’t just afforded to a select few, but to every family here in Michigan. This legislation breaks down barriers and bridges gaps in care to ensure that women across our state have access to the full range of safe and effective contraceptive methods and full control over their reproductive health.”

At today’s committee hearing, which coincided with World Contraception Day, the legislation received widespread support from health policy experts and advocates, including:

These organizations were joined by individual doctors, patients, and students who provided testimony in support of the legislation. Together, they shared insights and personal perspectives on the anticipated impact that the Senate Democrats’ “Freedom to Plan” package will have on Michiganders across race and place by advancing equitable access to contraceptive care.

“Everyone deserves the freedom to access the reproductive health care they need so they can protect their health, plan their families, and pursue their dreams,” said Dr. Sarah Wallett, Chief Medical Operating Officer at Planned Parenthood of Michigan. “Contraception is a core component of people’s overall health care, and I applaud our legislative leaders for their work to expand equitable access to reproductive health care for my patients and all Michiganders.”

“Pregnancy and birth are a critical time when some of our most vulnerable patients are engaged in the healthcare system and have access to safe, effective interventions that allow them to determine their own reproductive future,” said Dr. Jordan Fletcher, an OB-GYN representing the American College of Obstetricians and Gynecologists. “Equitable access to LARC, including immediate postpartum LARC — regardless of geography or health insurance carrier — is an important tool in our efforts to improve maternal, child, and reproductive health in the state of Michigan.”

This legislation builds on a series of actions taken by the democratic Majority in the Michigan Legislature to ensure the state is a safe haven for those who wish to have full control over their reproductive health. Following the repeal of the outdated and harmful 1931 abortion ban, Senate Democrats led the charge on the Reproductive Health Act, which removed unnecessary medical regulations that specifically targeted abortion care facilities. Additionally, the Legislature passed the Family Protection Act to modernize the state’s surrogacy laws and protect other forms of assisted reproduction, such as IVF.

For more information on Senate Democrats’ work to champion reproductive freedom, please visit senatedems.com/freedom-to-plan.