What's happening
This bill amends the insurance law to include same-sex couples in the definition of infertility for coverage purposes.
Why it matters
Expanding infertility coverage to same-sex couples means insurers can no longer deny fertility treatment benefits solely based on a couple’s sexual orientation, addressing a key gap in access to reproductive healthcare.
This amendment removes the requirement for same-sex couples to prove “failure to establish a clinical pregnancy after twelve months of regular, unprotected sexual intercourse,” which is not applicable to them, thus making access to infertility benefits more equitable.
By explicitly including same-sex relationships in the legal definition of infertility, the law recognizes diverse family structures and helps reduce stigma and discrimination in health insurance coverage.
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Who cares
Headline styles
Include Same-Sex Couples Infertility
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
1 Co-sponsor
History
- Referred to rules
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 Assembly Committee · Insurance · Sponsor Pamela J. Hunter
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9010
IN SENATE
September 25, 2020
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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.
Sponsor's memo
Title of bill
An act to amend the insurance law, in relation to including same-sex couples in the definition of infertility
Purpose
To ensure that women in same-sex couples will have access to in vitro fertilization (IVF)
Summary of provisions
Section one amends section 3221 of the insurance law to add a clause that would apply to same sex couples
Section two establishes the effective date.
Existing law
N/A
Justification
New York's Fertility Mandate (N.Y. Ins. Law § 3221) requires large group insurers to provide fertility coverage to people diagnosed with infer- tility. Specifically, insurers are required to cover at least three rounds of In Vitro Fertilization (IVF) for women diagnosed as infertile.
In actuality though, "infertility" is defined in N.Y. Ins. Law § 3221 in a way that excludes women in same-sex relationships from ever qualifying for coverage. Infertility is currently defined in the mandate (for women under 35) as either (1) failing to conceive after 12 months of hetero- sexual sex, or (2) 12 cycles of failed artificial insemination. For women over 35 infertility is defined as either (1) failing to conceive after 6 months of heterosexual sex or (2) 6 cycles of failed artificial insemination. Women in same-sex relationships cannot meet this defi- nition of infertility. They will not meet the requirement of having extended periods of heterosexual sex. Further, most women cannot afford 12 (or 6) rounds of fertility treatment out of pocket. Limiting coverage for lesbians to women who can afford fertility treatment out of pocket defeats the purpose of the mandate.
As long as coverage is dependent on either having unprotected heterosex- ual sex or having access to tens of thousands of dollars to pay for coverage - not all women will be covered
Legislative history
N/A
Fiscal implications
To be determined
Local fiscal implications
N/A
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.