Bill Text: MI HB4799 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Insurance; health insurers; free coverage of birth control; require. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding sec. 3406u.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-07-12 - Bill Electronically Reproduced 06/20/2017 [HB4799 Detail]

Download: Michigan-2017-HB4799-Introduced.html

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HOUSE BILL No. 4799

 

 

June 20, 2017, Introduced by Reps. Brinks, Sabo, Schor, Dianda, Faris, Geiss, Gay-Dagnogo, Moss, Lasinski, Hertel, Guerra, Wittenberg, Liberati, Zemke, Chirkun, Pagan, Camilleri, Hammoud, Yaroch, Sneller, Chang, Hoadley and Yanez and referred to the Committee on Health Policy.

 

     A bill to amend 1956 PA 218, entitled

 

"The insurance code of 1956,"

 

(MCL 500.100 to 500.8302) by adding section 3406u.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3406u. (1) A health insurance policy delivered, issued

 

for delivery, or renewed in this state that provides coverage for

 

prescription drugs must include coverage for all of the following:

 

     (a) All United States Food and Drug Administration-approved

 

contraceptive drugs, devices, and other products, including those

 

prescribed by a physician or otherwise authorized by state or

 

federal law. Both of the following apply to coverage under this

 

subdivision:

 

     (i) If there is a therapeutic equivalent of a United States

 

Food and Drug Administration-approved contraceptive drug, device,

 

or product, the health insurance policy must include coverage for

either the original United States Food and Drug Administration-

 

approved contraceptive drug, device, or product or at least 1 of

 

its therapeutic equivalents.

 

     (ii) If the insured's physician considers the covered

 

contraceptive drug, device, or product medically inadvisable, the

 

health insurance policy must defer to the determination of the

 

insured's physician and provide coverage for an alternate

 

prescribed contraceptive drug, device, or product.

 

     (b) A voluntary sterilization procedure.

 

     (c) Patient education and counseling on contraception.

 

     (d) Follow-up services related to drugs, devices, products,

 

and procedures coverage under this section, including, but not

 

limited to, management of side effects, counseling for continued

 

adherence, and device insertion and removal.

 

     (2) Coverage under subsection (1) must not impose a copayment,

 

deductible, or coinsurance provision on the insured. This

 

subsection does not apply to grandfathered health plan coverage.

 

     (3) Except as otherwise provided in this section, a health

 

insurance policy described in subsection (1) must not impose a

 

restriction or delay on coverage required under this section.

 

     (4) The coverage required under subsection (1) must also

 

provide coverage to the insured's spouse and nonspouse dependents.

 

     (5) This section does not apply to a religious employer that

 

provides group health coverage to its employees.

 

     (6) This section does not exclude coverage for contraceptive

 

supplies prescribed by a physician, acting in the scope of his or

 

her practice, for reasons other than contraceptive purposes,

including, but not limited to, decreasing the risk of ovarian

 

cancer or eliminating symptoms of menopause, or for contraception

 

that is necessary to preserve the life or health of an insured.

 

     (7) This section does not restrict the director's authority to

 

ensure compliance with this act if a health insurance policy

 

provides coverage for contraceptive drugs, devices, and products.

 

     (8) As used in this section:

 

     (a) "Grandfathered health plan coverage" means that term as

 

defined in 45 CFR 147.140.

 

     (b) "Religious employer" means an employer that is a nonprofit

 

organization that is exempt from filing under section

 

6033(a)(3)(A)(i) or (iii) of the internal revenue code of 1986, 26

 

USC 6033.

 

     (c) "Therapeutic equivalent" means a product that the United

 

States Food and Drug Administration has determined to be

 

therapeutically equivalent to the prescribed product as set forth

 

in the latest edition or supplement of the "Approved Drug Products

 

With Therapeutic Equivalence Evaluations", a United States Food and

 

Drug Administration publication that is sometimes referred to as

 

the "Orange Book".

 

     Enacting section 1. This amendatory act applies to health

 

insurance policies delivered, executed, issued, amended, adjusted,

 

or renewed in this state, or outside of this state if covering

 

residents of this state, beginning 90 days after the date this

 

amendatory act is enacted into law.