Updates About Public Health

On August 29, the Michigan Department of Technology, Management & Budget (DTMB) announced the decision to guarantee access to generic oral birth control prescriptions beginning on September 1.

In May, Governor Gretchen Whitmer issued Executive Directive 2022-05 (previously reported on here, which called on departments to identify and assess opportunities to increase protections for reproductive health care. As a result, DTMB decided to add oral contraceptives to the Michigan Public School Employees’ Retirement System (MPSERS) Non-Medicare Master Healthcare plan, which covers approximately 200,000 retired school employees and their families. Members of the Non-Medicare plan will also have access to this coverage. Previously, oral contraceptives were only available under the Medicare plan.

In the press release from the Executive Office of the Governor, it was stated that almost 600 requests for birth control were denied in the state. DTMB will be working with the almost 600 individuals who were denied medication in the past 12 months to notify them of the new coverage.

The Michigan Department of Health and Human Services (MDHHS) announced the creation of eleven Regional Health Advisory Councils across the state. These Councils are designed to combat health disparities in both rural and underserved communities.

Composed of community organizations, the Regional Health Advisory Councils will serve populations disproportionately impacted by COVID-19. They will be tasked with reducing COVID disparities in minority populations, planning reduction of community-identified priority risk factors, developing and implementing practices and policies to promote equity and reduce disparities, efficiently and equitably distributing resources to communities, and developing community-driven decision making and priority setting.

They will be funded by the Centers for Disease Control and Prevention (CDC) and Center for State, Tribal, Local, and Territorial Support grant. The following counties will have an established council: Genesee, Ingham, Kent, Oakland, Ottawa, Macomb, Muskegon, Saginaw, Washtenaw, Wayne, and the City of Detroit.

After two days of oral arguments, reproductive rights advocates won a temporary victory on August 19 when Oakland County Circuit Court Judge Jacob Cunningham extended a preliminary injunction on the 1931 law that essentially bans abortion in Michigan.

The preliminary hearing in Whitmer v. Linderman et al. was called by Judge Cunningham after a Court of Appeals (COA) decision in early August that rendered the existing injunction on the 1931 ban only applicable to state law enforcement, not local prosecutors. Quickly following the COA decision, Judge Cunningham granted Governor Whitmer’s request for a temporary restraining order on county prosecutors and called for another hearing on August 17 to review the injunction.

The decision on August 19 reinstates the injunction until after the November 8 election when voters will potentially have the opportunity to vote on a ballot proposal that will enshrine some level of abortion rights in the state Constitution. The court set a pre-trial conference for 9:30 a.m. on November 21.

At this time, any further legal action regarding the constitutionality of abortion would stem from the Michigan Supreme Court; however, it remains unclear as to whether the court will choose to act before the election.

Following the ruling, Governor Whitmer issued a statement saying, “I am grateful for this ruling that will protect women and ensure nurses and doctors can keep caring for their patients without fear of prosecution…” Right to Life of Michigan took to social media to say: “Governor Whitmer is bringing this case because they have never had the votes to change Michigan’s abortion law and doubt they will have the votes in November to add abortion into our constitution. She doesn’t really believe in democracy.”