2006
On January 23, Planned Parenthood affiliates from around the state join a coalition of organizations asking the Michigan Civil Rights Commission to find that an employer’s exclusion of prescription contraception from an otherwise comprehensive employee insurance plan is an unlawful employment practice under Michigan law. The Commission finds the case compelling and agrees to do further research and direct the Department of Civil Rights to look into the case.
On January 26, Senator Jason Allen introduces Senate Bill 1015, which would amend the Public Health Code to define and clarify the way in which fetal remains are disposed of in the case of a stillbirth, miscarriage or an abortion. The bill is referred to the Senate Health Policy Committee.
On February 8, the Senate Health Policy Committee hears testimony about Senate Bills 431 and 432, bills to require that insurance policies cover Food and Drug Administration-approved contraceptives in the same way other prescriptions are covered.
On February 9, the Senate adopts SR 95, a resolution to memorialize the Congress of the United States to enact legislation reauthorizing the Ryan White CARE Act to provide comprehensive care for the neediest victims of HIV/AIDS. The resolution was introduced by Senator Hardiman on February 7.
On February 15, the Senate adopts SR 72, a resolution to memorialize the United States Congress and the United States Department of Health and Human Services to take steps to improve access to fertility preservation options for cancer patients. The resolution was introduced by Senator Jacobs on October 12, 2005.
A task force designed to publicize the need for regular cervical cancer screening is created on February 16 through executive order by Governor Granholm. A 15-member task force will review what the state is already doing to promote cervical cancer awareness. The task force will make recommendations by September 30 on a statewide public awareness campaign and the importance of cervical cancer screening.
On February 7, Representative Huizenga introduces House Bills 5645 and 5646, which would amend the Public Health Code to define and clarify the way in which fetal remains are disposed of in the case of a stillbirth, miscarriage or an abortion.
On February 28, at the Senate Appropriations subcommittee of the Department of Community Health (DCH) on Medicaid, Paul Reinhardt from the DCH announces that Michigan has been approved for an expanded Medicaid waiver for family planning, allowing Michigan to offer family planning services to women below 185% of the federal poverty line.
On March 8, the House gavels in the change “to view or to decline to view” and takes a floor vote on House Bill 4446, Representative Robertson’s bill mandating ultrasound requirements before an abortion. The change is unanimously approved by the Senate and on March 17 the bill is sent to the Governor, who has agreed to sign it. On March 23, Governor Granholm signs the bill into law, Public Act 77 of 2006.
On March 16, House Bills 5879, 5880, 5881, 5882 and 5883, a package amending Michigan’s informed consent for abortion to include coercion and intimidation screening, are introduced. An identical package is introduced in the Senate on March 21—Senate Bills 1177, 1178, 1179, 1180, and 1181.
House Bills 4745 and 4746 are taken up by the House Insurance Committee on March 23. These bills would allow health insurance companies, HMOs and BlueCross BlueShield of Michigan to refuse to offer or provide a health care benefit on ethical, moral or religious grounds as reflected in its articles of incorporation or bylaws or by an adopted mission statement. The bills are reported out of committee on a party-line 9–6 vote.
On April 25, Representative Lee Gonzales introduces House Bill 5978, a bill to prohibit pharmacists from refusing to dispense or transfer prescriptions based solely on his or her ethical, moral or religious beliefs. The bill is referred to the House Health Policy Committee.
Also on April 25, Representative Rick Baxter introduces House Bill 5997, a bill that amends Michigan’s informed consent for abortion to require a physician to notify a patient that a fetus which is 20 weeks or more may feel pain during an abortion procedure. The bill is referred to the House Health Policy Committee.
On April 26, House Bills 4745 and 4746, pass the House on a 68–38 vote. On April 27, an additional vote is taken to give HB 4745 immediate effect, but the vote fails. The bills are referred to the Senate Health Policy Committee.
On May 10, the House Judiciary Committee hears testimony on House Bills 5879, 5880, 5881, 5882 and 5883. Due to the overwhelming response and turnout on both sides of the issue the committee decides to hold an additional meeting to hear the remaining testimony. On May 24, during the second hearing, the committee votes out substitute bills for HB 5879 H–2, 5880 H–2, 5881 H–2, 5882 H–3, and 5883 H–1. The additional 24-hour waiting period is removed, and clinics must now post a sign notifying women about the laws. The bills go to Second Reading in the House. Representative Adamini offers amendments to prevent coercing a woman into carrying a pregnancy to term, but each is defeated.
On May 22, the Michigan Civil Rights Commission votes unanimously that denying contraceptive prescription coverage under a comprehensive plan that includes prescription coverage constitutes discrimination under Michigan’s civil rights laws. However, they take the actual declaratory ruling under advisement because they are concerned about the religious opt-out issue and about the effect on collective bargaining agreements. The declaratory ruling will be voted on in July.
On May 30, the House Government Operations Committee reports out HR 243, a resolution establishing March 31, 2006, as Terri’s Day of Remembrance & Celebration of the Culture of Life Day in the state of Michigan.
On June 6, the House Health Policy Committee hears testimony on HB 5311, a bill that prohibits nonprescription dispensing of emergency contraception in the event that the U.S. Food and Drug Administration approves over-the-counter status of the contraceptive.
The Michigan Citizens for Life coalition is unable to gather enough signatures by July 10 to put their extreme, anti-choice petition initiative on the November ballot. The coalition is consistently behind in gathering signatures and is unable to get close to the 317,000 signatures needed.
On June 28, the Department of Community Health (DCH) announces that enrollment for the Plan First! family planning program will begin July 1. The program allows the DCH to expand family planning coverage to women ages 19 to 44 who are at or below 185% of the federal poverty line and meet Medicaid eligibility guidelines—an estimated 200,000 women. Commercials promoting the program begin airing on July 5.
On July 26, Michigan’s House passes House Bills 5879, 5880, 5881, 5882 and 5883 on a 67–38 vote. An amendment offered by Representative Adamini to make it illegal to coerce a woman out of an abortion fails along a pro-choice versus anti-choice vote.
On August 10, Governor Granholm signs the Department of Community Health Budget, Senate Bill 1083, into law—Public Act 330 of 2006. The bill includes Sec. 1113, which requires that family planning or pregnancy prevention programs shall include an optional response field on general patient information documents requesting information on a patient’s marital status.
On August 15, Governor Granholm signs the Community Colleges Budget, Senate Bill 1082, into law—Public Act 341 of 2006. The bill includes Sec. 230, which prohibits funding for community colleges to be used towards health care coverage for abortions, unless they are spontaneous abortions or prevent the death of the woman. This provision last appeared in the community college budget in 2003. The bill does not include additional language encouraging prescription coverage for contraceptives. However, the bill does include Sec. 231, which prohibits extending employee benefits to the unmarried partners of the community college’s employees except for pre- and postnatal costs.
On August 21, the Michigan Civil Rights Commission rules that businesses that have fewer than 15 employees in the state and offer comprehensive prescription coverage to their employees must cover birth control prescriptions. The state commission, after a request by Planned Parenthood and coalition members, says that businesses with 15 employees or fewer must include birth control in their health coverage packages. The ruling under state law is important because Title VII covers only employers with 15 or more employees, while Michigan law covers employers with fewer than 15 employees. The ruling parallels and relies on the 2000 EEOC ruling under federal law (Title VII of the Civil Rights Act of 1964) which several federal courts have followed. The ruling allows employees to file sexual discrimination complaints with the department of civil rights if employers will not cover birth control under their health plans. A business owner could appeal the commission's decision to a circuit court. The ruling also includes an exemption for faith-based organizations that object to birth control if the organization 1) is a nonprofit organization as defined under section 501(c)(3) of the Internal Revenue Code of 1986, as amended; 2) primary purpose is the inculcation of religious values; 3) employs people who share the religious tenets of the entity; and 4) serves primarily persons who share the religious tenets of the entity. The exemption means that certain entities, while owned or operated by a religious organization, will not qualify for an exemption if they provide services to the general public (like hospitals and other organizations that assist the public). This ruling does not hold the weight of law in Michigan, although if employees request that their employers cover their contraceptives and the employer refuses, the employee may seek legal action.
On August 24, the U.S. Food and Drug Administration (FDA) approves over-the-counter status for Plan B emergency contraception (EC) for women 18 and older. EC lowers the risk of pregnancy when started within 120 hours of unprotected intercourse. Experts estimate that wide access to EC could prevent up to 1.7 million unintended pregnancies — and 800,000 abortions — a year.
On September 12, Senate Bills 1416 and 1417 are introduced by Senator Hammerstrom. The bills would require the Michigan Department of Community Health (MDCH) to identify information and educational materials about the human papillomavirus (HPV), a sexually transmitted virus that causes cervical cancer, as well as require the HPV vaccine for all sixth grade girls. A parent can refuse to have the HPV vaccination or any other vaccination given to their child based on medical, philosophical or religious grounds. Michigan is the first state to see legislation of this sort. On September 13, the bills are heard and passed unanimously out of the Senate Health Policy Committee. The bills are taken up instead of House Bills 5879, 5880, 5881, 5882 and 5883, which had been scheduled for a hearing. On September 20, SB 1416 and 1417 pass the Senate 36–1. The bills are referred to the House Health Policy Committee.
On October 26, the American Civil Liberties Union, Center for Reproductive Rights, and Planned Parenthood Federation of America ask the U.S. Court of Appeals for the Sixth Circuit to uphold a lower court ruling striking down the Michigan Legal Birth Definition Act case. The original lawsuit was filed in the U.S. District Court for the Eastern District of Michigan on March 1, 2005. On September 15, 2005, Federal District Judge Denise Page Hood struck down the law for the third time.
On November 28, Senator Johnson introduces Senate Bill 1503, which would amend the Elliott-Larsen Civil Rights Act to prohibit an employer that is not a religious employer and that provides an otherwise comprehensive employee health plan from excluding coverage for prescription contraceptive drugs and services. The bill is referred to the Senate Judiciary Committee.
Also on November 28, Representative Stahl introduces HB 6664, which would create a “choose life” fundraising license plate and fund with money raised to benefit so-called crisis pregnancy centers. The bill is referred to the House Transportation Committee.
On December 7, Representative Kathleen Law introduces HB 6706, a bill to amend the Nonprofit Health Care Corporation Act to require that a health care corporation that provides prescription coverage shall include coverage for any prescribed drug or device approved by the U.S. Food and Drug Administration for use as a contraceptive. The bill is referred to the House Health Policy Committee.
On December 5, Representative Lemmons III introduces House Resolution 321, honoring December 15, 2006, as Pregnancy and Infant Loss Remembrance Day in the state of Michigan. The resolution is immediately adopted.
On December 14, the House passes HB 1416 H–2 on a 58–45 vote. The amended bill provides for an immunization upon a parent’s request against human papillomavirus for girls entering sixth grade. The companion bill, HB 1417, is never passed out of committee. The House reconsiders the bill in a late-night session and defeats it on a 53–48 vote.
2007
* Italics indicate federal actions which affect Michigan law
NOTE: Green text indicate the effective date of Michigan Public Acts
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