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Michigan Democrats aim to safeguard reproductive health information as Republicans prepare to assume House leadership.

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Michigan Democrats aim to safeguard reproductive health information as Republicans prepare to assume House leadership.

LANSING, Mich. — This month, Michigan Democrats are vigorously advocating for the passage of legislation aimed at enhancing reproductive health care, particularly focusing on the protection of digital health data. This initiative comes in anticipation of Republicans assuming control of the state House in 2025.

Democratic Governor Gretchen Whitmer is endorsing a bill that seeks to safeguard reproductive health information, including data collected by menstrual cycle tracking applications. Similar measures in other states have been enacted to prevent this data from being used against individuals seeking abortions.

State Senator Mallory McMorrow, who is spearheading the digital privacy legislation, emphasized the urgency of passing this bill while Democrats still hold a majority in Michigan. “This feels like a very urgent need for us to get this done while we have a window in Michigan with the Democratic majority for the next few weeks,” she stated.

The Democrats’ swift push for these policies is a direct reaction to expectations that advancing reproductive health care initiatives will become increasingly challenging once the Republicans take control of the House on January 1. However, the Democrats did maintain a majority in the state Senate following the November elections.

Republicans have expressed opposition to the digital privacy bill, citing concerns that one of its provisions could hinder anti-abortion advertising efforts. In addition to the digital privacy legislation, the current session also includes proposals aimed at improving Black maternal health and expanding access to contraception.

In the wake of the reversal of Roe v. Wade, many women in states with stringent abortion restrictions have become increasingly anxious about the potential misuse of their health information. The tracking of menstrual cycles via applications has emerged as a significant concern in this context.

While abortion rights are constitutionally protected in Michigan, McMorrow has voiced skepticism about the commitment of former President Donald Trump to veto any future national abortion ban. This skepticism is fueled by the President-elect’s past promises and the campaign’s efforts to dissociate from Project 2025, which intended to roll back access to abortion and contraception.

Menstrual tracking apps provide users with a platform to meticulously log their health data, including period flow, symptoms, pregnancies, and miscarriages. “These tools are really valuable,” McMorrow asserted. “I just want to make sure that the guardrails are there when indications from the incoming federal administration is they would potentially weaponize the data in a way that is very dangerous.”

Although federal laws prohibit medical providers from sharing patient health data without consent, they do not restrict digital tech companies from tracking menstrual cycles or individual locations for resale to data brokers. Attempts to introduce comprehensive federal laws have struggled to gain traction, primarily due to opposition from the tech sector.

The specifics of the legislation vary from one state to another. Washington state has enacted a digital privacy law that broadly governs all health-related data, while Virginia has instituted regulations preventing the issuance of search warrants or court orders for electronic menstrual health data.

Under Michigan’s proposal, businesses and organizations must utilize reproductive health data solely for their specific services, and consumers would need to be informed about the use of their data. Selling that data would require explicit consent from consumers, who would also have the right to opt-out at any time.

The bill aims to regulate retailers that compile data for advertising targeting and addresses geofencing practices, which let marketers target individuals based on their geographical location. Identifying individuals who are receiving reproductive health care through location tracking for the purpose of targeted advertising would be prohibited, encompassing visitors to fertility or abortion clinics.

The geofencing aspect of the legislation has drawn criticism from anti-abortion groups. Genevieve Marnon, the legislative director for Right to Life of Michigan, argued that the bill would restrict outreach to women visiting abortion clinics. “This isn’t safeguarding women’s reproductive health data,” she contended. “It is limiting the options presented to women.”

Republican Senator John Damoose expressed his opposition to the geofencing provision, citing concerns that it infringes upon free speech and religious beliefs by curtailing anti-abortion advertisements.

The bill successfully passed out of the committee stage along party lines and has advanced toward a final vote in the Senate. Kimya Forouzan, the principal state policy director at the Guttmacher Institute, anticipates that this topic will gain traction in other state legislatures in the year ahead.

Over the last two years, Michigan Democrats have repealed several anti-abortion laws, including a 1931 ban, and have introduced protections for surrogacy. Other reproductive health measures are currently under consideration this month.

One bill package focuses on enhancing maternal health for Black women and aims to introduce a doula scholarship, among other initiatives. The Senate has already passed this package to the House.

Representative Jaime Churches, a Democrat from the Detroit area who recently lost her seat, is advocating for bills mandating insurance coverage for fertility treatments, including in vitro fertilization and intrauterine insemination.

Additionally, three bills expanding access to birth control through insurance have already passed the state House. McMorrow has introduced a set of bills designed to provide long-lasting reversible contraception, such as implants or intrauterine devices, to new mothers before they are discharged from the hospital.

During this short lame-duck session, competition for legislative time is fierce among Democrats, with advocates for economic development, infrastructure improvements, and gun control all vying for attention. Discussions surrounding new paid sick leave and minimum wage laws are expected to generate considerable debate, which could potentially limit the available time to address reproductive health initiatives.