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Assembly Bill A5208

2017-2018 Legislative Session

Requires health insurance coverage of infertility to be provided to insureds with same sex partners on the same basis as that provided to insureds with a partner of the opposite sex

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Archive: Last Bill Status - In Assembly Committee

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2017-A5208 (ACTIVE) - Details

See Senate Version of this Bill:
S322
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §§3216, 3221 & 4303, Ins L
Versions Introduced in Other Legislative Sessions:
2015-2016: S8175
2019-2020: A4316, S847

2017-A5208 (ACTIVE) - Summary

Requires health insurance coverage of infertility to be provided to insureds with same sex partners on the same basis as that provided to insureds with a partner of the opposite sex.

2017-A5208 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5208
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced  by M. of A. GLICK -- read once and referred to the Committee
   on Insurance
 
 AN ACT to amend the insurance law, in relation to coverage of the  diag-
   nosis and treatment of infertility
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph 13 of subsection  (i)  of  section  3216  of  the
 insurance  law  is  amended  by adding a new subparagraph (C) to read as
 follows:
   (C) (I) NO POLICY WHICH PROVIDES COVERAGE PURSUANT TO  THIS  PARAGRAPH
 SHALL  LIMIT  OR  RESTRICT,  OR PLACE ADDITIONAL REQUIREMENTS UPON, SUCH
 COVERAGE, WHEN AN INSURED HAS A PARTNER  OF  THE  SAME  SEX.    COVERAGE
 PURSUANT  TO  THIS  PARAGRAPH  SHALL BE PROVIDED TO SUCH INSUREDS ON THE
 SAME BASIS AND CONDITIONS AS PROVIDED TO INSUREDS WITH A PARTNER OF  THE
 OPPOSITE SEX.
   (II)  AN INSURER SUBJECT TO THE PROVISIONS OF THIS PARAGRAPH SHALL NOT
 REQUIRE AS A CONDITION OF COVERAGE THAT AN INSURED WHO HAS A PARTNER  OF
 THE  SAME  SEX  THAT:  (I)  THE INSURED'S PARTNER'S SPERM BE USED IN THE
 COVERED TREATMENTS OR PROCEDURES; OR (II) THE INSURED DEMONSTRATE INFER-
 TILITY EXCLUSIVELY BY MEANS OF A HISTORY  OF  UNSUCCESSFUL  HETEROSEXUAL
 SEXUAL INTERCOURSE.
   (III)  IN THE EVENT THAT A POLICY PROVIDES COVERAGE OF IN VITRO FERTI-
 LIZATION, SUCH POLICY SHALL NOT LIMIT OR RESTRICT, OR  PLACE  ADDITIONAL
 REQUIREMENTS  UPON,  SUCH  COVERAGE WHEN AN INSURED HAS A PARTNER OF THE
 SAME SEX. SUCH COVERAGE SHALL BE PROVIDED TO SUCH INSUREDS ON  THE  SAME
 BASIS AND CONDITIONS AS PROVIDED TO INSUREDS WITH A PARTNER OF THE OPPO-
 SITE SEX.
   §  2.  Paragraph  6 of subsection (k) of section 3221 of the insurance
 law is amended by adding a new subparagraph (E) to read as follows:
   (E) (I) NO GROUP OR BLANKET POLICY WHICH PROVIDES COVERAGE PURSUANT TO
 THIS PARAGRAPH SHALL LIMIT OR RESTRICT, OR PLACE ADDITIONAL REQUIREMENTS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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