What's happening
This bill requires insurance coverage for infertility diagnosis and treatment to be provided equally to same-sex couples without extra restrictions.
Why it matters
Removes discriminatory barriers. The bill stops insurers from imposing extra steps or unique requirements for same-sex couples seeking infertility diagnosis or treatment, such as requiring proof of infertility only through heterosexual intercourse or mandating use of a partner’s sperm.
Ensures equal access to assisted reproductive technology. If a policy covers in vitro fertilization (IVF) or similar procedures, it must offer the same terms to same-sex couples as to opposite-sex couples, preventing policies from quietly excluding or limiting these benefits based on the couple’s composition.
Directly addresses insurance loopholes. By specifying what insurers cannot require or restrict, the bill prevents companies from using technicalities to deny or delay coverage, which could otherwise prolong or complicate the family-building process for same-sex couples.
Signals broader recognition of LGBTQ+ family rights. This legislative change reflects a commitment to equitable treatment in healthcare, supporting the principle that all families deserve equal support and protection under the law.
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Who cares
Headline styles
Equal Infertility Coverage for All
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to insurance
- 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.
Equal Infertility Coverage for All
In Senate Committee · Insurance · Sponsor Brian Benjamin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4316
2019-2020 Regular Sessions
IN ASSEMBLY
February 4, 2019
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 diagnosis and treatment of infertility
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) (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 infertility exclusively by means of a history of unsuccessful heterosexual sexual intercourse.
(iii) In the event that a policy provides coverage of in vitro fertilization, 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 opposite 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.
LBD05669-01-9
A. 4316 2
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 insureds partner's sperm be used in the covered treatments or procedures; or (II) the insured demonstrate infertility exclusively by means of a history of unsuccessful heterosexual sexual intercourse.
(iii) In the event that a group or blanket policy provides coverage of in vitro fertilization, 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 opposite sex.
§ 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:
(5)(A) No contract which provides coverage pursuant to this subsection shall limit or restrict, or place additional requirements upon, such coverage, when a covered person has a partner of the same sex. Coverage pursuant to this subsection shall be provided to such covered persons on the same basis and conditions as provided to covered persons with a partner of the opposite sex.
(B) A hospital service corporation or health service corporation subject to the provisions of this subsection shall not require as a condition of coverage that a covered person who has a partner of the same sex that: (i) the covered person's partner's sperm be used in the covered treatments or procedures; or (ii) the covered person demonstrate infertility exclusively by means of a history of unsuccessful heterosexual sexual intercourse.
(C) In the event that a contract provides coverage of in vitro fertilization, such contract shall not limit or restrict, or place additional requirements upon, such coverage when a covered person has a partner of the same sex. Such coverage shall be provided to such covered persons on the same basis and conditions as provided to covered persons with a partner of the opposite sex.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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