Whitmer pledges to protect health care rights after federal ruling

April 6, 2023

April O’Neil/ [email protected]

Governor Whitmer sent a letter to Anita Fox, Director of the Department of Insurance and Financial Services, following a Texas federal judge’s decision in Braidwood Management. Inc. v. Becerra which overturned the Affordable Care Act requirement that health insurers cover certain preventive care services at no additional cost to the patient.

The expected ruling in the Texas lawsuit was brought by a Christian group following the US Supreme Court’s decision last year to strike down the constitutional right to terminate a pregnancy. The ruling could potentially affect states where abortion is legal, as well as those that ban it.

According to the judge, insurance companies should not be required to cover preventive drugs under religious freedom. And, the ACA has forced plaintiffs to choose between buying health insurance coverage that violates their religious beliefs or having no health insurance at all.

In response to the ruling, Governor Whitmer said basic services were at stake.

“Protecting access to affordable early detection screenings for colon and skin cancer, high blood pressure, and other preventative health care services will save lives, reduce overall health care costs, and ensure a stable and healthy workforce for Michigan employers.The recent federal decision to lower the requirements for insurers to cover these services will put people’s health at risk and could increase their bills. I am taking action today to protect preventative health services that have long been covered by their insurance so that the people of Michigan can get the care they need without worrying about whether they can afford it.

Although the federal ruling does not specifically target abortion, the ruling could impact insurance coverage in states that consider a medical abortion or the abortion pill (mifepristone or misoprostol) to be “preventive care.”

In his letter, Whitmer directs the U.S. Department of Insurance and Financial Services to issue guidelines on preventive care services affected by the Michigan court ruling.

State officials are currently reviewing the decision to determine the impact on Michigan residents.

The letter was sent before Whitmer signed legislation to repeal Michigan’s 1931 abortion ban on Wednesday, April 5. The law was dormant until the U.S. Supreme Court overturned Roe v. Wade last June.

The official letter from the governor can be viewed at the link provided.