2023 Senate Bill 27 / 2024 Public Act 41

Insurance: health insurers; equitable coverage for behavioral health and substance use disorder treatment; provide for.

An act to amend 1956 PA 218, entitled “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,” (MCL 500.100 to 500.8302) by adding section 3406hh.

Mackinac Center Analysis

This bill amends the 1956 PA 218 to mandate that insurers providing health insurance policies in Michigan must cover mental health and substance use disorder services. This act, introduced by several state senators, aims to revise and consolidate laws related to the insurance and surety business, including the regulation of domestic and foreign insurance companies, the imposition of various taxes and fees, and the protection of policyholders and claimants in cases of insurer insolvency. The act also includes provisions for the continued availability and affordability of automobile and homeowners insurance, the regulation of worker’s compensation self-insurers, and the establishment of an automobile theft prevention authority. The effective date is the 91st day after the final adjournment of the 2024 Regular Session. Coverage for mental health and substance use disorder services must meet federal parity requirements, ensuring that financial and treatment limitations are no more restrictive than those for medical/surgical benefits. "Reasonable factors" for treatment limitations include cost, efficacy, generic versus brand name drugs, and mail order versus pharmacy pick-up. Definitions for classifications, financial requirements, and treatment limitations are aligned with federal regulations.

Introduced in the Senate

Jan. 18, 2023

Introduced by Sen. Sarah Anthony (D-21) and five co-sponsors

Co-sponsored by Sens. Paul Wojno (D-10), Erika Geiss (D-1), Mary Cavanagh (D-6), Sam Singh (D-28) and Stephanie Chang (D-3)

Referred to the Committee on Health Policy

Oct. 11, 2023

Reported with substitute S-3

Oct. 12, 2023

Referred to the Committee of the Whole

Oct. 17, 2023

Reported with substitute S-3

Substitute S-3 concurred in by voice vote

Oct. 18, 2023

Passed in the Senate 35 to 3 (details)

Received in the House

Oct. 18, 2023

Referred to the Committee on Insurance and Financial Services

April 25, 2024

Reported without amendment

May 1, 2024

Passed in the House 93 to 12 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Signed by Gov. Gretchen Whitmer

May 21, 2024