What's happening
This bill requires insurance policies in New York to cover fertility preservation services for individuals undergoing cancer treatments that may cause infertility.
Why it matters
Ensures cancer patients have access to fertility preservation. By requiring insurance to cover fertility preservation when cancer treatment may lead to infertility, the bill removes a major financial barrier for patients facing loss of fertility due to medically necessary treatments.
Applies regardless of patient age. The bill specifically prohibits age-based restrictions, ensuring that both minors and adults have equal access to fertility preservation services, which is important for young cancer patients as well as older adults.
Standardizes coverage across insurance types. The legislation amends multiple sections of state insurance law to apply these requirements to individual, group, and indemnity policies, closing loopholes and ensuring broad, consistent access regardless of how someone is insured.
Defines “iatrogenic infertility” to clarify eligibility. By clearly stating that infertility caused by surgery, radiation, chemotherapy, or other cancer treatments qualifies, the bill aims to prevent insurance denials based on technicalities and provides clarity for patients and providers.
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Who cares
Headline styles
Cover Fertility for Cancer Patients
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to insurance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Cover Fertility Freezing for Cancer
In Assembly Committee · Insurance · Sponsor Michaelle C. Solages
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7163
IN SENATE (Prefiled)
January 3, 2018
Introduced by Sen. JACOBS -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance
AN ACT to amend the insurance law, in relation to insurance coverage for standard fertility preservation services made necessary by cancer treatment
The People of the State of New York, represented in Senate and Assembly, 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) Every policy delivered or issued for delivery in this state that provides coverage for hospital, surgical or medical care shall provide coverage for standard fertility preservation services when a necessary cancer treatment may directly or indirectly cause iatrogenic infertility to a covered person. Coverage under this subparagraph shall not be subject to any restrictions based upon the age of the covered person. For the purposes of this subparagraph, "iatrogenic infertility" means an impairment of fertility by surgery, radiation, chemotherapy or other cancer treatment affecting reproductive organs or processes.
§ 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) Every group policy delivered or issued for delivery in this state that provides hospital, surgical or medical coverage shall provide coverage for standard fertility preservation services when a necessary cancer treatment may directly or indirectly cause iatrogenic infertility to a covered person. Coverage under this subparagraph shall not be subject to any restrictions based upon the age of the covered person. For the purposes of this subparagraph, "iatrogenic infertility" means an impairment of fertility by surgery, radiation, chemotherapy or other cancer treatment affecting reproductive organs or processes.
§ 3. Subsection (s) of section 4303 of the insurance law, as amended by section 2 of part K of chapter 82 of the laws of 2002, is amended by adding a new paragraph 5 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13760-03-7
S. 7163 2
(5) Every contract issued by a medical expense indemnity corporation, hospital service corporation or health service corporation for delivery in this state that provides hospital, surgical or medical coverage shall provide coverage for standard fertility preservation services when a necessary cancer treatment may directly or indirectly cause iatrogenic infertility to a covered person. Coverage under this paragraph shall not be subject to any restrictions based upon the age of the covered person. For the purposes of this paragraph, "iatrogenic infertility" means an impairment of fertility by surgery, radiation, chemotherapy or other cancer treatment affecting reproductive organs or processes.
§ 4. This act shall take effect immediately and shall apply to all policies issued, renewed, altered or modified on or after such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the insurance law, in relation to insurance coverage for standard fertility preservation services made necessary by cancer treat- ment
Purpose
To require health insurance policies to provide coverage for standard fertility preservation when a necessary cancer treatment may directly or indirectly cause iatrogenic infertility to a covered person.
Summary of provisions
Section 1 of the bill amends paragraph 13 of subsection (i) of section 3216 of insurance law by adding subparagraph (C) which provides that health insurance policies issued in the state shall provide coverage for standard fertility treatment when a necessary cancer treatment may directly or indirectly cause iatrogenic infertility to a covered person in regards to individual accident and health insurance policy provisions. This section also defines iatrogenic infertility.
Section 2 of the bill amends paragraph 6 of subsection (k) of section 3221 of insurance law by adding subparagraph (E) which provides that health insurance policies issued in the state shall provide coverage for standard fertility treatment when a necessary cancer treatment may directly or indirectly cause iatrogenic infertility to a covered person in regards to group or blanket accident and health insurance policies. This section also defines iatrogenic infertility.
Section 3 of the bill amends subsection (s) of section 4303 of insurance law by adding paragraph 5 which provides that health insurance policies issued in the state shall provide coverage for standard fertility treat- ment when a necessary cancer treatment may directly or indirectly cause iatrogenic infertility to a covered person in regards to medical expense indemnity corporations. The section also defines iatrogenic infertility.
Section 4 of the bill is the enacting clause.
Justification
Iatrogenic infertility is a condition that arises as a result of neces- sary medical treatment. This form of infertility is most commonly asso- ciated with the use of certain types of chemotherapy, radiation, medica- tion or surgery relating to cancer treatment. According to the American Journal of Managed Care in 2016, approximately 150,000 individuals in the United States were diagnosed with cancer during their reproductive years with women having up to an 80% chance of reproductive compromise and men having up to a 70% chance of reproductive compromise. This bill would assist those receiving these cancer treatments by requiring insur- ance policies to provide coverage for standard fertility preservation prior to a necessary cancer treatment that may result in iatrogenic infertility.
Legislative history
New bill
Fiscal implications
To be determined
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.