Provides that policies issued in this state that provide coverage for hospital, surgical or medical care shall provide coverage for standard fertility preservation services when a necessary cancer treatment may directly or indirectly cause iatrogenic infertility to a covered person.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5496
SPONSOR: Solages TITLE OF BILL:
An act to amend the insurance law, in relation to insurance coverage for
standard fertility preservation services made necessary by cancer treat-
ment
PURPOSE OR GENERAL IDEA OF BILL:
To require health insurance policies to provide coverage for standard
fertility preservation when a necessary cancer treatment may directly or
indirectly cause iatrogenic infertility to a covered person.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends paragraph 13 of subsection (i) of section
3216 of insurance law by adding subparagraph (C) which provides that
health insurance policies issued in the state shall provide coverage for
standard fertility treatment when a necessary cancer treatment may
directly or indirectly cause iatrogenic infertility to a covered person
in regards to individual accident and health insurance policy
provisions. This section also defines iatrogenic infertility.
Section 2 of the bill amends paragraph 6 of subsection (k) of section
3221 of insurance law by adding subparagraph (E) which provides that
health insurance policies issued in the state shall provide coverage for
standard fertility treatment when a necessary cancer treatment may
directly or indirectly cause iatrogenic infertility to a covered person
in regards to group or blanket accident and health insurance policies.
This section also defines iatrogenic infertility.
Section 3 of the bill amends subsection (s) of section 4303 of insurance
law by adding paragraph 5 which provides that health insurance policies
issued in the state shall provide coverage for standard fertility treat-
ment when a necessary cancer treatment may directly or indirectly cause
iatrogenic infertility to a covered person in regards to medical expense
indemnity corporations. The section also defines iatrogenic infertility.
Section 4 of the bill is the enacting clause
JUSTIFICATION:
iatrogenic infertility is a condition that arises as a result of neces-
sary medical treatment. This form of infertility is most commonly asso-
ciated with the use of certain types of chemotherapy, radiation, medica-
tion or surgery relating to cancer treatment. According to the American
Journal of Managed Care in 2016, approximately 150,000 individuals in
the United States were diagnosed with cancer during their reproductive
years with women having up to an 80% chance of reproductive compromise
and men having up to a 70% chance of reproductive compromise. This bill
would assist those receiving these cancer treatments by requiring insur-
ance policies to provide coverage for standard fertility preservation
prior to a necessary cancer treatment that may result in iatrogenic
infertility.
PRIOR LEGISLATIVE HISTORY:
2019-20: print number A4506; referred to insurance
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5496
2021-2022 Regular Sessions
IN ASSEMBLY
February 19, 2021
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Insurance
AN ACT to amend the insurance law, in relation to insurance coverage for
standard fertility preservation services made necessary by cancer
treatment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 13 of subsection (i) of section 3216 of the
2 insurance law is amended by adding a new subparagraph (D) to read as
3 follows:
4 (D) Every policy delivered or issued for delivery in this state that
5 provides coverage for hospital, surgical or medical care shall provide
6 coverage for standard fertility preservation services when a necessary
7 cancer treatment may directly or indirectly cause iatrogenic infertility
8 to a covered person. Coverage under this subparagraph shall not be
9 subject to any restrictions based upon the age of the covered person.
10 For the purposes of this subparagraph, "iatrogenic infertility" means an
11 impairment of fertility by surgery, radiation, chemotherapy or other
12 cancer treatment affecting reproductive organs or processes.
13 § 2. Paragraph 6 of subsection (k) of section 3221 of the insurance
14 law is amended by adding a new subparagraph (E) to read as follows:
15 (E) Every group policy delivered or issued for delivery in this state
16 that provides hospital, surgical or medical coverage shall provide
17 coverage for standard fertility preservation services when a necessary
18 cancer treatment may directly or indirectly cause iatrogenic infertility
19 to a covered person. Coverage under this subparagraph shall not be
20 subject to any restrictions based upon the age of the covered person.
21 For the purposes of this subparagraph, "iatrogenic infertility" means an
22 impairment of fertility by surgery, radiation, chemotherapy or other
23 cancer treatment affecting reproductive organs or processes.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09488-01-1
A. 5496 2
1 § 3. Subsection (s) of section 4303 of the insurance law, as amended
2 by section 2 of part K of chapter 82 of the laws of 2002, is amended by
3 adding a new paragraph 5 to read as follows:
4 (5) Every contract issued by a medical expense indemnity corporation,
5 hospital service corporation or health service corporation for delivery
6 in this state that provides hospital, surgical or medical coverage shall
7 provide coverage for standard fertility preservation services when a
8 necessary cancer treatment may directly or indirectly cause iatrogenic
9 infertility to a covered person. Coverage under this paragraph shall
10 not be subject to any restrictions based upon the age of the covered
11 person. For the purposes of this paragraph, "iatrogenic infertility"
12 means an impairment of fertility by surgery, radiation, chemotherapy or
13 other cancer treatment affecting reproductive organs or processes.
14 § 4. This act shall take effect immediately and shall apply to all
15 policies issued, renewed, altered or modified on or after such date.
