Contraceptive Access Laws
Private plans are not required to cover an extended supply of contraception.
Michigan does not require private plans to cover a 6-month supply (or more) of contraception at one time.
- Most private insurers traditionally cover one to three months of contraception at a time. While private plans aren’t required to cover a 6-month or 12-month supply at once, it’s still worth writing the prescription for the longest duration appropriate as extended provision of contraception may be available.
- For more information on the states that have enacted policies requiring Medicaid and/or private health insurers to cover an extended supply of contraception, visit Power to Decide’s map.
Medicaid is required to cover an extended supply of contraception.
Michigan requires Medicaid to cover a 12-month supply of contraception at one time.
- To prescribe an extended supply of birth control, write the prescription with the appropriate total quantity (e.g., three packs for three months) and indicate the correct number of refills to cover a full year (typically 11 refills). For a full 12-month supply at once, write for a quantity of 13 packs with zero refills.
- Because not all pharmacists are aware of this policy, let patients know that they can ask to try running it through their insurance, even if the pharmacist initially says it won’t be covered.
Private plans are not required to offer additional coverage beyond the federal ACA contraceptive coverage requirement.
Under the federal Affordable Care Act (ACA) contraceptive coverage mandate, most private plans are required to cover at least one contraceptive in each of the FDA-approved contraceptive method categories for women, as prescribed, without copays or deductibles.
Michigan does not reinforce the federal requirement or offer additional contraceptive coverage protections.
- If your patient is having an issue with their contraceptive coverage, you can direct them to the National Women’s Law Center CoverHer resource so they can find out if their insurance company is incorrectly charging them and how to get these services covered.
- For more information on the states that have enacted state laws that require private health insurers to cover the full range of contraceptive methods, without additional cost-sharing, visit Power to Decide’s map.
- The Health Resources and Services Administration (HRSA) maintains a comprehensive list of sexual and reproductive health services and contraceptive methods that insurance plans are required to cover without copays or deductibles.
Private plans are not required to cover over-the-counter (OTC) contraception without a prescription.
Michigan does not require private plans to cover OTC contraception without a prescription.
- Write prescriptions for OTC contraceptive methods so that patients can utilize health insurance benefits whenever possible.
- For more information on the states that require private plans to cover some OTC methods, visit Power to Decide’s map.
Medicaid is required to cover over-the-counter (OTC) contraception without a prescription.
Michigan Medicaid covers OTC contraception without a prescription. Specifically, the law covers contraceptives and devices, such as condoms and spermicides.
- State Medicaid programs that cover OTC contraception without a prescription still require patients to check-out at the pharmacy counter in order for their prescription to be covered.
- Counsel patients on this step to avoid unnecessary costs.
Pharmacists can prescribe contraception.
Michigan allows pharmacists to enter into collaborative practice agreements (CPAs) with prescribers, which may authorize pharmacists to initiate, modify, or discontinue medication therapy, including contraception.
- To see a map of pharmacies where this service may be available, visit Birth Control Pharmacist.
Abortion Access Laws
Abortion is permitted.
Abortion is permitted in Michigan throughout pregnancy.
- For a list of abortion providers in Michigan, visit AbortionFinder.org.
A waiting period is not required for abortion.
Parental consent is required for abortion.
Michigan requires a parent or guardian to consent before a pregnant person under the age of 18 can get an abortion.
- Minors have to gain written consent from a parent/guardian prior to receiving abortion services.
- Judicial bypass may be an option if a minor cannot notify or get permission from a parent or legal guardian. Let patients know that help is available via the If/When/How Repro Legal Helpline.
Telehealth is permitted for medication abortion.
Michigan permits all virtual telehealth for the provision of medication abortion.
Medicaid is not required to cover abortion, except in limited circumstances.
Michigan Medicaid only coves abortion in cases that meet the federal Hyde requirement (life endangerment, rape, and incest).
- It can be difficult to get Medicaid to cover abortion in states that only cover abortion in these narrow cases. The National Network of Abortion Funds has more information to help patients who are interested in applying for Medicaid.
Shield Laws
Some health care provision is protected by shield laws.
Michigan has some legal safeguards for reproductive health care.
- For details, visit UCLA’s State Shield Law Tracker.
Shield law protections do not apply to patients outside of the state.
Michigan does not offer protections to providers who may be using telehealth and conducting visits with patients in other states.
- There are no protections from out-of-state investigations or legal action (such as extradition and arrests or the issuance of subpoenas, search warrants, and witness summons) for providers using telehealth and conducting visits with patients in hostile states.
Shield laws protect from out-of-state investigations and prosecutions.
Michigan offers protection to providers who are practicing and seeing patients within their home state.
- For example, shield laws would offer protection for an abortion provider who is providing care in Michigan to someone who traveled from another state.
- This may include protections from extradition and arrests; from the issuance of subpoenas, search warrants, and witness summons; and barring state agencies and employees from expending resources for such an investigation.
- For details, visit UCLA’s State Shield Law Tracker.
Shield laws do not protect from professional discipline.
- Shield laws do not include protections for health care providers from losing their license or facing board discipline as a result of performing, recommending, or providing reproductive or gender-affirming care.
Shield laws do not protect against civil liability.
- Shield laws do not include protections against civil lawsuits or judgements related to providing, seeking, or supporting reproductive health or gender-affirming care.
Shield laws include protections related to professional liability insurance and health plans.
- This may prevent malpractice and liability insurers from dropping a health care provider, raising rates, or denying coverage because they provide health care that is lawful in Michigan—even if that care is restricted or penalized in another state.
- It may also prevent health insurance plans/insurers from including contract clauses that would cancel or refuse to renew a contract because of out of state legal or disciplinary action regarding care that is legal in Michigan.
- For details, visit UCLA’s State Shield Law Tracker.
Shield laws do not include protections against disclosure of medical information for lawfully protected health care.
- Shield laws do not include protections against the disclosure of medical information to other states for lawfully protected health care.