BILL NUMBER: S6403

SPONSOR: SAVINO
 
TITLE OF BILL:  An act to amend the insurance law, in relation to
insurance coverage of in vitro fertilization and other fertility preser-
vation treatments

 
PURPOSE:

To remove the exclusion for coverage of in vitro fertilization from the
insurance law.

 
SUMMARY OF PROVISIONS:

Section one would amend § 3221(k)(C)(iii) of the insurance law to remove
an explicit exclusion of in vitro fertilization from the requirements of
a group health insurance policy.

Section two would amend § 4303(s)(3)(C) of the insurance law to remove
an explicit exclusion of in vitro fertilization from the requirements of
a nonprofit group health insurance policy
              

Section three would establish an effective date of January 1st, 2020 and
apply to all policies issued, renewed, altered or modified thereafter.

 
EXISTING LAW:

Sections 3221 and 403 of the Insurance Law require coverage of diagnos-
tic treatments and procedures for infertility. These sections contain a
specific exclusion of required coverage of in vitro fertilization as a
treatment. This bill would remove the specific exclusion of this cover-
age.

 
JUSTIFICATION:

It is estimated that one in eight individuals or couples have trouble
getting pregnant or sustaining pregnancy. While family building options
do exist for people affected by infertility, these options are often
cost-prohibitive, with 67% of individuals or couples reporting spending
at least $10,000. High costs present a major barrier to medical treat-
ment; nearly half of all individuals affected by infertility lack insur-
ance coverage necessary for fertility treatment.

The rapid advancement of medical technology in the past 20 years estab-
lished in-vitro fertilization as the safest and most effective form of
fertility treatment. Compared to treatments presently covered under New
York state law, such as ovulation induction or ovulation enhancement,
in-vitro fertilization results in fewer pregnancy complications and
high-risk births. Several states, including Massachusetts, Rhode Island,
New Jersey, Maryland, Illinois, Arkansas, Hawaii, and Connecticut, have
already enacted laws requiring insurers to cover in-vitro fertilization.
These states experience lower rates of multiple births and associated
neo-natal and pediatric care costs. This legislation has the potential
to save New York millions of dollars in long-term health care costs,
since patients would no longer be forced to rely on higher risk medical
procedures.

Under current law, New York requires insurers to provide coverage for
some diagnostic and treatment procedures for infertility. However, New
York specifically excludes coverage of in-vitro fertilization.  This
bill would update the existing law to reflect advances in modern medical
technology by removing the exclusion of in-vitro fertilization, to
expand access to this procedure and enable patients and their physicians
to choose the best course of treatment for infertility.

 
LEGISLATIVE HISTORY:

2019 Session - New Bill

 
FISCAL IMPLICATIONS:

None known.

 
EFFECTIVE DATE:
January 1st of the year succeeding the date on which it shall become
law, and applicable to policies issued, renewed, altered or modified on
or after such date.