Insurance laws

A handful of states have enacted laws requiring that infertility insurance coverage be either offered or provided. Most states however have no such laws and there is no federal law requiring that insurance plans cover infertility services.

States that mandate infertility coverage be provided

The states listed below have mandated that health insurance plans include coverage of all or some aspects of infertility services.

• Arkansas
• Hawaii
• Illinois
• Maryland
• Massachusetts
• Montana
• New Jersey
• New York
• Ohio
• Rhode Island
• West Virginia

Some of these mandates require that coverage be provided only by particular groups such as health maintenance organizations (HMOs). Many direct that certain medical conditions be met before coverage is provided. Some specifically mandate coverage for assisted reproductive technologies (ART), while others specifically limit or exclude it. A description of each state mandate is set forth by the American Society for Reproductive Medicine (ASRM).

States that mandate infertility coverage be offered

The three states listed below have mandated that insurance companies make available policies that cover infertility treatment. However the laws do not require that employers pay for such policies so that individuals may not find those policies available through their employers. The ASRM Web site noted above also summarizes these state mandates.

• California
• Connecticut
• Texas

States without mandates

The remaining 36 states do not have laws that require the provision or offer of infertility coverage. However several organizations are advocating the adoption of additional state infertility insurance mandates. Currently, campaigns to enact such mandates are particularly active in Florida, Maine and Pennsylvania. There also are ongoing efforts to strengthen the existing mandates in Connecticut and Texas.

Federal legislation

In 2002 four bills were introduced in the United States Congress that would have required insurance coverage for infertility services including ART. In the United States House of Representatives bills were introduced by Representative Marty Meehan (D-MA), Representative Anthony Weiner (D-NY), and Representative Robert Andrews (D-NJ). When the 107th Congress adjourned in 2002 no action had been taken on any of those bills. However according the sponsors of those bills plan to re-introduce the same bills again during this session of Congress.

Last year's Senate-initiated bill, the "Fair Access to Infertility Treatment and Hope (FAITH) Act," would have required all group health plans to include coverage of infertility services. Senator Robert Torricelli (D-NJ), who later resigned from the Senate, had introduced that bill which also saw no action. A new Senate sponsor to re-introduce the FAITH Act is currently being sought.

The text of each of the 2002 federal bills can be found at http://thomas.loc.gov (search by bill number in the 107th Congress)