SENATE BILL No. 835

 

 

February 20, 2018, Introduced by Senators HERTEL, WARREN, ANANICH, HOPGOOD, BIEDA, JOHNSON and YOUNG 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 both of the following:

 

     (a) Prescription contraceptives.

 

     (b) If covered for other prescription drugs under the health

 

insurance policy, outpatient consultations, examinations,

 

procedures, and medical services that are necessary to prescribe,

 

dispense, deliver, distribute, administer, or remove a prescription

 

contraceptive.

 

     (2) The coverage required under subsection (1) must provide

 


coverage for the dispensing of prescription contraceptives intended

 

to last for the following time periods:

 

     (a) If the prescription contraceptive is being dispensed for

 

the first time to the insured or enrollee, a 3-month period.

 

     (b) If the prescription contraceptive is being dispensed a

 

second or subsequent time to the insured or enrollee, a 12-month

 

period regardless of whether the insured or enrollee was covered

 

under the health insurance policy at the time of the first

 

dispensing.

 

     (3) Coverage under subsection (1) may be subject to provisions

 

of the health insurance policy that apply equally to other

 

prescription drugs covered by the health insurance policy,

 

including, but not limited to, required copayments, deductibles,

 

and coinsurance.

 

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

 

provides group health coverage to its employees.

 

     (5) As used in this section:

 

     (a) "Prescription contraceptive" means a drug or device that

 

requires a prescription and is approved by the United States Food

 

and Drug Administration to prevent pregnancy.

 

     (b) "Religious employer" means an employer that meets all of

 

the following:

 

     (i) The employer's purpose is the inculcation of religious

 

values.

 

     (ii) The employer primarily employs persons who share the

 

religious tenets of the employer.

 

     (iii) The employer primarily serves persons who share the


religious tenets of the employer.

 

     (iv) The employer 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.

 

     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.