LANSING, Mich. (July 30, 2024) — Building on a list of policy wins to protect Michiganders’ reproductive freedom, Sens. Mary Cavanagh (D-Redford Twp.) and Jeff Irwin (D-Ann Arbor) introduced Senate Bills 973 and 974 today. Also known as the “Freedom to Plan Act,” this package would break down financial barriers to over-the-counter (OTC) oral hormonal contraceptives and emergency contraceptives, providing Michigan residents with the autonomy, power, and freedom to make their own medical decisions.
“Access to contraceptive care is critical to ensuring women have the power to plan their future,” said Sen. Cavanagh. “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.”
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. Giving women and individuals who can become pregnant the ability to determine whether to have children and the number and spacing of their children, contraception provides Michiganders with the power to plan their own course in life. Beyond preventing unintended pregnancies, oral hormonal contraception is often used to treat other health concerns including premenstrual syndrome (PMS), pain from endometriosis, and migraines, and it can also reduce the risk of gynecologic disorders, including endometrial and ovarian cancer.
In addition to its positive impact on women’s health, contraception also saves taxpayer dollars in the long term and boosts economic output. With the ability to plan their pregnancies, women have been able to unlock opportunities in higher education and the labor force, including their ability to earn higher wages and advance in their careers. Additionally, access to contraception lowers health care costs by preventing unintended pregnancies. One study found that every dollar spent on publicly funded contraceptive services saves the U.S. health care system nearly $6.
“People should have access to every tool to plan and make informed decisions about their reproductive health,” said Sen. Irwin. “By expanding access to basic healthcare such as birth control, we can ensure everyone in our state has the ability to determine what their future looks like.”
While federal law requires Medicaid and most private health insurance plans to cover 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 and 974 would require Medicaid and private insurers to provide coverage for oral hormonal contraception and oral emergency contraception with or without a prescription. This legislation comes after the first OTC oral hormonal contraceptive was approved last year, which marked a significant step forward in expanding access to contraception.
The package also leaves room for additional advances in OTC oral hormonal contraceptives, pending approval from the Food and Drug Administration (FDA). If passed, Michigan would join the six other states that have enacted similar legislation to ensure inclusive, unobstructed access to contraception.
“We applaud our legislative partners for their leadership in introducing bills to increase equitable access to contraception for more Michiganders,” said Paula Thornton Greear, President and CEO of Planned Parenthood of Michigan. “Everyone deserves the freedom to decide if, when, and how to grow their families, and this legislation will ensure Michiganders can afford the contraception they need to control their sexual and reproductive health.”
“Michiganders spoke loudly about the need to break down barriers and improve access to reproductive healthcare,” said Sommer Foster, Executive Director of Michigan Voices. “Making contraception more accessible and more affordable is vital not only to help treat many health conditions, but to also prevent unintended pregnancies. We thank the legislature for considering these bills, which will make a big difference to many people in our state.”
“Today marks another step forward to strengthening and protecting reproductive rights for all Michiganders,” said Merissa Kovach, Political Director of ACLU of Michigan. “The introduction of this legislation reaffirms the Michigan Legislature’s commitment to ensuring that every individual is empowered to make informed decisions about their own reproductive health and future. Accessibility to contraception is a key part of this fundamental right.”
“As a Michigan OBGYN, this legislation means the patients I see will be able to focus on choosing contraception that best meets their unique needs and goals, rather than worrying about whether they can afford it,” Dr. Halley Crissman, American College of Obstetricians and Gynecologists Fellow Advocacy Co-Chair. “I am excited to see this legislation move forward and make a meaningful difference in the health and lives of the patients I care for every day.”
“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,” said Amy Zaagman, Executive Director of the Michigan Council for Maternal and Child Health. “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.”
These newly introduced bills build on a series of actions taken by the Michigan Legislature to ensure Michiganders — not politicians — possess the power to determine if and when they would like to begin a family. After repealing the state’s archaic and dangerous 1931 abortion ban, Senate Democrats championed the Reproductive Health Act which breaks down barriers to accessing reproductive care by repealing medically unnecessary regulations that are only imposed upon 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.