In a significant move on Thursday, the Democratic-controlled Michigan Senate passed Senate Bill 593, aiming to reverse the 2013 Abortion Insurance Opt-Out Act. This bill was passed on a close 20-18 party-line vote and is now headed to the Democratic-led House for further consideration.
The contentious 2013 law, initiated by Right to Life and pushed forward by Republican legislators without the signature of then-Gov. Rick Snyder, limited the circumstances under which primary insurance plans could cover abortions. Specifically, it allowed for insurance to pay for an abortion only when necessary to save the life of the woman. Critics have taken issue with the act, particularly for its exclusion of insurance coverage for abortions in cases that protect a woman’s health or are the result of rape or incest, unless a separate supplemental coverage was purchased in advance. This stipulation led opponents to dub it the “rape insurance” law.
To shed light on the broader context, even prior to the enactment of this law, many abortions were predominantly financed out of pocket. Medicaid rarely provides coverage for most abortions, and there exists a significant number of women who either lack insurance or have insurance that does not cover abortion procedures.
This legislative action comes on the heels of another bold move by Senate Democrats. Just last week, they voted in favor of rolling back other abortion limitations. Among them were a mandated 24-hour waiting period for women seeking an abortion and an obligation for clinics performing abortions to be licensed as freestanding surgical outpatient facilities.
The trajectory of these bills in the House remains uncertain. Some friction exists within the Democratic ranks, with at least one member expressing reservations about specific clauses. This comes nearly 12 months after Michigan residents greenlit a constitutional amendment that comprehensively ensures the right to reproductive freedom, encompassing abortion.
Senate Bill 593 does more than just repeal the 2013 law. It aims to integrate the mentioned ballot proposal into formal statute, undo the “partial-birth abortion” ban previously deemed unconstitutional, and remove the directive for the state health department to primarily fund family planning and reproductive service organizations that neither offer elective abortions, make referrals for such procedures, nor recognize abortion as an integral aspect of reproductive health care.