What's happening
This bill updates the definition of infertility in New York insurance law to include same-sex couples.
Why it matters
Expands access to fertility treatments. by ensuring that insurance coverage for infertility is available to same-sex couples, who may not meet traditional definitions centered on heterosexual intercourse.
Addresses insurance equity. by updating outdated language in the law, helping to eliminate discriminatory gaps that previously excluded LGBTQ+ individuals from fertility-related coverage.
May increase demand for fertility services. and related healthcare resources, as more couples become eligible for insurance-covered treatments such as insemination or IVF.
Reflects broader legal recognition. of diverse family structures and reinforces New York's commitment to LGBTQ+ rights and inclusive health care.
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Who cares
Same-sex couples
The bill would add being in a same-sex relationship as a basis for meeting the insurance law’s definition of infertility.
Health insurers
Insurers subject to the amended provision would need to apply the expanded infertility definition immediately upon the bill taking effect.
Fertility care providers
The expanded definition would affect how they assess same-sex couples under the insurance law’s infertility provision.
Headline styles
Include Same-Sex Couples Infertility
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.
Include Same-Sex Couples Infertility
In Senate Committee · Rules · Sponsor Luis R. Sepúlveda
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
11148
IN ASSEMBLY
November 6, 2020
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Hunter) -read once and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to including same-sex couples in the definition of infertility
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Item (I) of clause (v) of subparagraph (C) of paragraph 6 of subsection (k) of section 3221 of the insurance law, as amended by section 1 of part L of chapter 57 of the laws of 2019, is amended to read as follows:
(I) For the purposes of this paragraph, "infertility" means a disease or condition characterized by the incapacity to impregnate another person or to conceive, defined by the failure to establish a clinical pregnancy after twelve months of regular, unprotected sexual intercourse or therapeutic donor insemination, or after six months of regular, unprotected sexual intercourse or therapeutic donor insemination for a female thirty-five years of age or older, or be in a same-sex relationship. Earlier evaluation and treatment may be warranted based on an individual's medical history or physical findings.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17218-03-0
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.