COVERAGE FOR CONTRACEPTION; REQUIRE S.B. 973 (S-3) & 974 (S-1):
REVISED SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Bill 973 (Substitute S-3 as reported)
Senate Bill 974 (Substitute S-1 as reported)
Sponsor: Senator Mary Cavanagh (S.B. 973)
Senator Jeff Irwin (S.B. 974)
Committee: Health Policy
CONTENT
Senate Bill 973 (S-3) would amend Chapter 34 (Disability Insurance Policies) of the Insurance
Code to require insurers that cover contraceptives to provide coverage for contraception and
emergency contraception without a prescription, beginning January 1, 2026.
Senate Bill 974 (S-1) would amend the Social Welfare Act to require Medicaid to cover over-
the-counter contraception and emergency contraception without a prescription, beginning
January 1, 2026.
Proposed MCL 500.3406jj (S.B. 973)
Proposed MCL 400.109q (S.B. 974)
BRIEF RATIONALE
Contraception is used by individuals to prevent pregnancy, plan for families, and improve
women’s health. According to testimony, unequal access to contraception creates health
disparities between those who can afford contraception and those who cannot. It has been
suggested that requiring health insurers to cover contraception would reduce health
disparities and increase access to contraception.
Legislative Analyst: Alex Krabill
FISCAL IMPACT
Senate Bill 973 (S-3) would have no fiscal impact on State or local government.
Senate Bill 974 (S-1) could have a significant fiscal impact on the Medicaid program within
the DHHS. There would be no fiscal impact on local units of government.
According to the most recent version available of the Medicaid Provider Manual (October 1,
2024): "Covered services include an office visit for a complete exam, pharmaceuticals
(including some over the counter [OTC] products), supplies and devices when such services
are provided by or under the supervision of a medical doctor, osteopath, or eligible family
planning provider. Family planning supplies not furnished by the provider as part of the
medical services must be prescribed by a physician and purchased at a pharmacy. Exceptions
are condoms and similar supplies which do not require a prescription."
The bill would create statutory language that would overrule the current Medicaid policy by
requiring the dispensing of "drug, device, or other product included on the medical assistance
preferred drug list" without a prescription. The definition of contraception included in the bill,
"includes, but is not limited to, a hormonal drug, whether administered orally, transdermally,
or intravaginally, that is approved by the United States Food and Drug Administration to
Page 1 of 2 sb973/974/2324
prevent pregnancy", does not limit the scope of potential drugs, devices, or other products
that can be dispensed without a prescription (as long as those items are included on the
preferred drug list of the medical assistance program). The fiscal impact to the Medicaid
program could be very significant as any Medicaid participant would be able to access any
drug, device, or other product that currently requires a prescription without a prescription.
Date Completed: 12-10-24 Fiscal Analysts: Nathan Leaman
John P. Maxwell
SAS\Floor\sb973
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official
statement of legislative intent.
Page 2 of 2 Bill Analysis @ www.senate.michigan.gov/sfa sb973/974/2324


Statutes affected:
Substitute (S-1): 400.1, 400.119
Senate Introduced Bill: 400.1, 400.119
As Passed by the Senate: 400.1, 400.119