Legislative Analysis
Phone: (517) 373-8080
INSURANCE COVERAGE FOR CONTRACEPTION
http://www.house.mi.gov/hfa
Senate Bill 973 (S-3) as passed by the Senate Analysis available at
Sponsor: Sen. Mary Cavanagh http://www.legislature.mi.gov
House Committee: [Placed on second reading]
Senate Committee: Health Policy
Complete to 12-17-24
SUMMARY:
Senate Bill 973 would amend the Insurance Code to require an insurer that delivers, issues for
delivery, or renews a health insurance policy in Michigan that provides coverage for
contraceptives to provide coverage at an in-network pharmacy for over-the-counter
contraception and emergency contraception without a prescription. The required coverage
would be subject to any utilization management, prior authorization, quantity limit, or
precertification requirements of the insurer or health insurance policy. These provisions would
apply beginning January 1, 2026.
Contraception would mean a drug, device, or other product covered on the insurer’s
formulary that is approved by the U.S. Food and Drug Administration (FDA) to prevent
pregnancy. It would include a hormonal drug, whether administered orally,
transdermally, or intravaginally.
Emergency contraception would mean a drug approved by the FDA to prevent
pregnancy after unprotected sexual intercourse or a known or suspected contraceptive
failure.
Proposed MCL 500.3406jj
FISCAL IMPACT:
Senate Bill 973 would not have a direct fiscal impact on any units of state or local government.
However, section 150 of the Insurance Code provides for recourse and penalties in the event
of a violation of the code. Under the provisions of that section, violators have the opportunity
for an administrative hearing before the DIFS director, who may levy a civil fine of $1,000 for
each violation, or $5,000 if the individual knew or reasonably should have known that they
were violating the Insurance Code. Civil fine payments under the Insurance Code are capped
at $50,000, and any revenue collected must be deposited to the state’s general fund. To the
extent that violations of the new provisions within the bill occur, additional general fund
revenue may be realized and enforcement costs incurred.
Legislative Analyst: Rick Yuille
Fiscal Analyst: Una Jakupovic
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency Page 1 of 1
Statutes affected: Substitute (S-3): 500.100, 500.8302
Senate Introduced Bill: 500.100, 500.8302
As Passed by the Senate: 500.100, 500.8302