NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8349
SPONSOR: Septimo TITLE OF BILL:
An act to amend the insurance law, in relation to insurance coverage for
in vitro fertilization
PURPOSE OR GENERAL IDEA OF BILL:
An act to amend the insurance law, in relation to insurance coverage for
in vitro fertilization
SUMMARY OF PROVISIONS:
Section 1 amends section 3221 of the insurance law, to prohibit any
insurer that is required to provide coverage for in vitro fertilization
pursuant to this paragraph from requiring the transfer of all embryos
from a prior cycle as a prerequisite for coverage of a subsequent cycle
for a female thirty-five years of age or older.
Section 2 amends section 4303 of the insurance law, to prohibit any
corporation that is required to provide coverage for in vitro fertiliza-
tion pursuant to this paragraph from requiring the transfer of all embr-
yos from a prior cycle as a prerequisite for coverage of a subsequent
cycle for a female thirty-five years of age or older.
Section 3 is the effective date.
JUSTIFICATION:
In 2019, New York passed landmark legislation to require coverage for
three cycles of in vitro fertilization (IVF) in cases of infertility.
However, certain insurers are requiring the use of all embryos from a
previous cycle in order to provide coverage for a new cycle. These embr-
yos are not always as viable, and the mandated transfer of these embryos
adds unnecessary delays to the process. For women ages thirty-five and
over, this is time that they cannot afford to lose. By prohibiting this
insurance practice, the bill not only provides more options for women
.over thirty-five to have a viable pregnancy, but also puts control back
in the hands of the IVF providers and patients.
PRIOR LEGISLATIVE HISTORY:
Previously introduced in Senate 2023-24: S.9185
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8349
2025-2026 Regular Sessions
IN ASSEMBLY
May 13, 2025
___________
Introduced by M. of A. SEPTIMO -- read once and referred to the Commit-
tee on Insurance
AN ACT to amend the insurance law, in relation to insurance coverage for
in vitro fertilization
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Item (viii) of subparagraph (C) of paragraph 6 of
2 subsection (k) of section 3221 of the insurance law, as amended by
3 section 1 of part L of chapter 57 of the laws of 2019, is amended to
4 read as follows:
5 (viii) No insurer providing coverage under this paragraph shall
6 discriminate based on an insured's expected length of life, present of
7 predicted disability, degree of medical dependency, perceived quality of
8 life, or other health conditions, nor based on personal characteristics,
9 including age, sex, sexual orientation, marital status or gender identi-
10 ty. No insurer providing coverage under this paragraph shall require the
11 transfer of all embryos from a prior cycle as a prerequisite for cover-
12 age of a subsequent cycle for a female thirty-five years of age or
13 older.
14 § 2. Subparagraph (H) of paragraph 3 of subsection (s) of section 4303
15 of the insurance law, as amended by section 2 of part L of chapter 57 of
16 the laws of 2019, is amended to read as follows:
17 (H) No corporation providing coverage under this subsection shall
18 discriminate based on an insured's expected length of life, present or
19 predicted disability, degree of medical dependency, perceived quality of
20 life, or other health conditions, nor based on personal characteristics,
21 including age, sex, sexual orientation, marital status or gender identi-
22 ty. No corporation providing coverage under this subsection shall
23 require the transfer of all embryos from a prior cycle as a prerequisite
24 for coverage of a subsequent cycle for a female thirty-five years of age
25 or older.
26 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03288-01-5
