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H 7629Health Insurance

Insurance - Accident and Sickness Insurance Policies

Expands infertility insurance coverage by removing age limits and lifetime caps, and including LGBTQ+ and single individuals.

Held for study
Population
Affected
15
Introduced Feb 11, 2026Committee House Health & Human Services

Plain-English Summary

This legislation expands health insurance coverage for infertility diagnosis and treatment in Rhode Island. It removes the previous age restrictions (ages 25-42) and the $100,000 lifetime coverage cap. The bill broadens the definition of infertility to include single individuals and same-sex couples by recognizing the inability to reproduce without medical intervention or donor gametes. It mandates coverage for fertility preservation, donor gametes, surrogacy-related medical costs, and genetic testing. Additionally, it prohibits insurers from imposing discriminatory limits, waiting periods, or higher copayments specifically for fertility treatments compared to other medical services.

For younger readers

This bill changes the rules for health insurance so more people can get help having a baby. Before, insurance only paid for fertility doctors for women of certain ages, and there was a limit on how much money they would pay. Now, the insurance must help anyone who needs medical help to have a baby, including people who are single or have partners of the same gender. It also pays for freezing eggs to save them for later. It makes sure insurance companies treat having a baby the same way they treat other medical needs.

Who & Where It Applies

Impacted groups
Individuals and couples experiencing infertilityLGBTQ+ communityHealth insurance companiesFertility clinics and healthcare providersEmployers offering group health insurance
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Promotes social justice and equity by expanding the definition of infertility to include LGBTQ+ couples and single individuals, ensuring they have equal access to reproductive healthcare and family planning services.
  • Increases access to healthcare for lower-income residents by removing the $100,000 lifetime cap on fertility treatments, preventing the wealthy from being the only ones who can afford these expensive procedures.
  • Protects the welfare of the community by mandating coverage for fertility preservation for those with medical conditions or disabilities, and covering genetic testing to prevent serious inheritable abnormalities.
  • Mandating extensive coverage for high-cost procedures like surrogacy and unlimited embryo transfers will likely raise insurance premiums, which could financially burden the working poor and those struggling with general cost-of-living expenses.
  • Prioritizes high-tech, expensive reproductive technologies over systemic reforms that might address the root causes of health disparities or fund basic preventative care for the broader population.
  • Further enriches private insurance companies, pharmaceutical corporations, and for-profit fertility clinics, reinforcing a healthcare system driven by profit rather than a public service model.
For Conservatives
  • Supports the creation of families and the birth of children, aligning with traditional values regarding the importance of family units and reversing declining birth rates.
  • Protects the doctor-patient relationship by prohibiting insurance companies from overruling a licensed healthcare provider’s medical assessment regarding the potential success of a treatment.
  • Allows for preimplantation genetic testing, which can prevent the transmission of serious genetic diseases, potentially reducing long-term medical dependency and costs associated with chronic disabilities.
  • Imposes heavy government mandates on private businesses (insurance companies), interfering with the free market and stripping corporations of the freedom to design their own benefit packages.
  • Forces policyholders to subsidize reproductive choices that conflict with traditional values, such as coverage for same-sex couples, single parents using donor gametes, and surrogacy arrangements.
  • Mandates coverage for IVF and the creation/storage of embryos, which raises significant moral concerns for those who believe life begins at conception and object to the potential destruction of unused embryos.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 299 additions · 94 deletions

SECTION 1. Section 27-18-30 of the General Laws in Chapter 27-18 entitled "Accident and Sickness Insurance Policies" is hereby amended to read as follows: 27-18-30. Health insurance contracts — Infertility.

(a) Any health insurance contract, plan, or policy delivered or issued for delivery or renewed in this state, except contracts providing supplemental coverage to Medicare or other governmental programs, that includes pregnancy-related benefits, shall provide coverage for medically necessary expenses of diagnosis and treatment of infertility for women between the ages of twenty-five (25) and forty-two (42) years and for standard fertility-preservation services. when a medically necessary medical treatment may directly or indirectly cause iatrogenic infertility to a covered person. To the extent that a health insurance contract provides reimbursement for a test or procedure used in the diagnosis or treatment of conditions other than infertility, the tests and procedures shall not be excluded from reimbursement when provided attendant to the diagnosis and treatment of infertility for women between the ages of twenty-five (25) and forty-two (42) years; provided, that a subscriber copayment not to exceed twenty percent (20%) may be required for those programs and/or procedures the sole purpose of which is the treatment of infertility.

(b) For purposes of this section, “infertility” means the condition of an otherwise presumably healthy individual who is unable to conceive or sustain a pregnancy during a period of one year.

(b) Notwithstanding the provisions of § 27-18-19 or any other provision to the contrary, this section shall apply to blanket or group policies of insurance.

(c) For the purposes of this section, the following terms shall have the following meanings:

(1) “Infertility” means:

(i) The presence of a condition recognized by a healthcare provider that impacts an individual’s ability to establish a pregnancy or carry a pregnancy to live birth, based on an individual’s medical, sexual, and reproductive history, age, physical findings, diagnostic testing, or any combination of those factors. This condition includes infertility arising from a disability or medical treatments or conditions associated with a disability;

(ii) An individual’s inability to establish a pregnancy or to carry a pregnancy to live birth after twelve (12) months of unprotected sexual intercourse when the individual and the individual’s partner have the necessary gametes to establish a pregnancy. Pregnancy loss does not restart the twelve (12) month time period;

(iii) An individual's inability to establish a pregnancy after six (6) months of unprotected sexual intercourse or carry a pregnancy to live birth due to an individual's age when the individual and the individual’s partner have the necessary gametes to establish pregnancy. Pregnancy loss does not restart the twelve (12) month time period;

(iv) An individual’s inability to establish a pregnancy because the individual or the individual and the individual’s partner do not have the necessary gametes to establish a pregnancy;

(v) An individual’s increased risk, independently or with the individual’s partner, of transmitting a serious, inheritable genetic or chromosomal abnormality to a child; or

(vi) As defined by the American Society of Reproductive Medicine.

(c) For purposes of this section, “standard fertility-preservation services” (2) "Standard fertility-preservation services" means procedures, counseling, products, medications, genetic testing, and services intended to preserve fertility consistent with established medical practices and professional guidelines published by the American Society for Reproductive Medicine or, the American Society of Clinical Oncology, or other reputable professional medical organizations, for an individual who has a medical or genetic condition, including conditions related to a disability or chronic illness, or who is expected to undergo treatment that has a possible side effect of or may directly or indirectly cause a risk of impairment of fertility, and includes, but is not limited to, the procurement, cryopreservation, and storage of gametes, embryos, and reproductive material.

(d) For purposes of this section, “iatrogenic infertility” means an impairment of fertility by surgery, radiation, chemotherapy, or other medical treatment affecting reproductive organs or processes.

(e) For purposes of this section, “may directly or indirectly cause” means treatment with a likely side effect of infertility as established by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations.

(f) Notwithstanding the provisions of § 27-18-19 or any other provision to the contrary, this section shall apply to blanket or group policies of insurance.

(g) The health insurance contract may limit coverage to a lifetime cap of one hundred thousand dollars ($100,000).

(d) Coverage for the treatment of infertility under this section shall be provided without discrimination on the basis of age, ancestry, disability, domestic partner status, ethnicity, gender identity, genetic information, marital status, national origin, race, religion, sex, or sexual orientation.

(e) Coverage for the treatment of infertility under this section shall include, but shall not be limited to:

(1) At least four (4) complete oocyte retrievals with unlimited embryo transfers from those oocyte retrievals or from any oocyte retrieval;

(2) The medical costs related to an embryo transfer to be made from or on behalf of an insured to a third party;

(3) Coverage regardless of whether donor gametes or embryos are used or if an embryo will be transferred to a surrogate; and

(4) Procedures necessary to screen or diagnose a fertilized egg before transfer including, but not limited to, preimplantation genetic testing.

(f) An insurer described in subsection (a) of this section shall not impose any of the following:

(1) Deductibles, copayments, coinsurance, benefit maximums, waiting periods, or any other limitations on coverage for the diagnosis and treatment of infertility, including the prescription of fertility medications, different from those imposed on benefits for services not related to infertility;

(2) Pre-existing condition exclusions or pre-existing condition waiting periods on coverage for the diagnosis and treatment of infertility nor use any prior diagnosis of or prior treatment of infertility as a basis for excluding, limiting, or otherwise restricting the availability of coverage for required benefits;

(3) Limitations on coverage based solely on arbitrary factors, including number of attempts, dollar amounts, or age, or provide different benefits to, or impose different requirements on, a class protected under § 23-17-19.1, than that provided to other insureds;

(4) Impose any limitations on coverage required under this section based on an individual's use of donor gametes, donor embryos or surrogacy;

(5) Exclusions, limitations, or other restrictions on coverage of fertility medications that are different from those imposed on any other prescription medications; or

(6) Limitations under the policy based on anything other than the medical assessment of an individual’s licensed healthcare provider.

(g) An insurer described in subsection (a) of this section shall provide coverage under this section regardless of whether the insured foregoes a particular fertility treatment or procedure, if the insured’s healthcare provider determines that the treatment or procedure is likely to be unsuccessful or the insured seeks to use previously retrieved oocytes or embryos.

(h) This section does not interfere with the clinical judgment of a healthcare provider. Any clinical guidelines used for a policy subject to the requirements of this section shall be based on current guidelines developed by the American Society for Reproductive Medicine or the American Society of Clinical Oncology.

SECTION 2. Section 27-19-23 of the General Laws in Chapter 27-19 entitled "Nonprofit Hospital Service Corporations" is hereby amended to read as follows: 27-19-23. Coverage for infertility.

(a) Any nonprofit hospital service contract, plan, or insurance policies delivered, issued for delivery, or renewed in this state, except contracts providing supplemental coverage to Medicare or other governmental programs, that includes pregnancy-related benefits, shall provide coverage for medically necessary expenses of diagnosis and treatment of infertility for women between the ages of twenty-five (25) and forty-two (42) years and for standard fertility-preservation services. when a medically necessary medical treatment may directly or indirectly cause iatrogenic infertility to a covered person. To the extent that a nonprofit hospital service corporation provides reimbursement for a test or procedure used in the diagnosis or treatment of conditions other than infertility, those tests and procedures shall not be excluded from reimbursement when provided attendant to the diagnosis and treatment of infertility for women between the ages of twenty-five

(25) and forty-two (42) years; provided, that a subscriber copayment, not to exceed twenty percent (20%), may be required for those programs and/or procedures the sole purpose of which is the treatment of infertility.

(b) For purposes of this section, “infertility” means the condition of an otherwise presumably healthy individual who is unable to conceive or sustain a pregnancy during a period of one year.

(b) Notwithstanding the provisions of § 27-18-19 or any other provision to the contrary, this section shall apply to blanket or group policies of insurance.

(c) For the purposes of this section, the following terms shall have the following meanings:

(1) “Infertility” means:

(i) The presence of a condition recognized by a healthcare provider that impacts an individual’s ability to establish a pregnancy or carry a pregnancy to live birth, based on an individual’s medical, sexual, and reproductive history, age, physical findings, diagnostic testing, or any combination of those factors. This condition includes infertility arising from a disability or medical treatments or conditions associated with a disability;

(ii) An individual’s inability to establish a pregnancy or to carry a pregnancy to live birth after twelve (12) months of unprotected sexual intercourse when the individual and the individual’s partner have the necessary gametes to establish a pregnancy. Pregnancy loss does not restart the twelve (12) month time period;

(iii) An individual's inability to establish a pregnancy after six (6) months of unprotected sexual intercourse or carry a pregnancy to live birth due to an individual's age when the individual and the individual’s partner have the necessary gametes to establish pregnancy. Pregnancy loss does not restart the twelve (12) month time period;

(iv) An individual’s inability to establish a pregnancy because the individual or the individual and the individual’s partner do not have the necessary gametes to establish a pregnancy;

(v) An individual’s increased risk, independently or with the individual’s partner, of transmitting a serious, inheritable genetic or chromosomal abnormality to a child; or

(vi) As defined by the American Society of Reproductive Medicine.

(c) For purposes of this section, “standard fertility-preservation services” (2) "Standard fertility-preservation services" means procedures, counseling, products, medications, genetic testing, and services intended to preserve fertility consistent with established medical practices and professional guidelines published by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional medical organizations, for an individual who has a medical or genetic condition, including conditions related to a disability or chronic illness, or who is expected to undergo treatment that has a possible side effect of or may directly or indirectly cause a risk of impairment of fertility, and includes, but is not limited to, the procurement, cryopreservation, and storage of gametes, embryos, and reproductive material.

(d) For purposes of this section, “iatrogenic infertility” means an impairment of fertility by surgery, radiation, chemotherapy, or other medical treatment affecting reproductive organs or processes.

(e) For purposes of this section, “may directly or indirectly cause” means treatment with a likely side effect of infertility as established by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations.

(f) The health insurance contract may limit coverage to a lifetime cap of one hundred thousand dollars ($100,000).

(d) Coverage for the treatment of infertility under this section shall be provided without discrimination on the basis of age, ancestry, disability, domestic partner status, ethnicity, gender identity, genetic information, marital status, national origin, race, religion, sex, or sexual orientation.

(e) Coverage for the treatment of infertility under this section shall include, but shall not be limited to:

(1) At least four (4) complete oocyte retrievals with unlimited embryo transfers from those oocyte retrievals or from any oocyte retrieval;

(2) The medical costs related to an embryo transfer to be made from or on behalf of an insured to a third party;

(3) Coverage regardless of whether donor gametes or embryos are used or if an embryo will be transferred to a surrogate; and

(4) Procedures necessary to screen or diagnose a fertilized egg before transfer including, but not limited, to preimplantation genetic testing.

(f) An insurer described in subsection (a) of this section shall not impose any of the following:

(1) Deductibles, copayments, coinsurance, benefit maximums, waiting periods, or any other limitations on coverage for the diagnosis and treatment of infertility, including the prescription of fertility medications, different from those imposed on benefits for services not related to infertility;

(2) Pre-existing condition exclusions or pre-existing condition waiting periods on coverage for the diagnosis and treatment of infertility nor use any prior diagnosis of or prior treatment of infertility as a basis for excluding, limiting, or otherwise restricting the availability of coverage for required benefits;

(3) Limitations on coverage based solely on arbitrary factors, including number of attempts, dollar amounts, or age, or provide different benefits to, or impose different requirements on, a class protected under § 23-17-19.1, than that provided to other insureds;

(4) Impose any limitations on coverage required under this section based on an individual's use of donor gametes, donor embryos or surrogacy;

(5) Exclusions, limitations, or other restrictions on coverage of fertility medications that are different from those imposed on any other prescription medications; or

(6) Limitations under the policy based on anything other than the medical assessment of an individual’s licensed healthcare provider.

(g) An insurer described in subsection (a) of this section shall provide coverage under this section regardless of whether the insured foregoes a particular fertility treatment or procedure, if the insured’s healthcare provider determines that the treatment or procedure is likely to be unsuccessful or the insured seeks to use previously retrieved oocytes or embryos.

(h) This section does not interfere with the clinical judgment of a healthcare provider. Any clinical guidelines used for a policy subject to the requirements of this section shall be based on current guidelines developed by the American Society for Reproductive Medicine or the American Society of Clinical Oncology.

SECTION 3. Section 27-20-20 of the General Laws in Chapter 27-20 entitled "Nonprofit Medical Service Corporations" is hereby amended to read as follows: 27-20-20. Coverage for infertility.

(a) Any nonprofit medical service contract, plan, or insurance policies delivered, issued for delivery, or renewed in this state, except contracts providing supplemental coverage to Medicare or other governmental programs, that includes pregnancy-related benefits, shall provide coverage for the medically necessary expenses of diagnosis and treatment of infertility for women between the ages of twenty-five (25) and forty-two (42) years and for standard fertility-preservation services. when a medically necessary medical treatment may directly or indirectly cause iatrogenic infertility to a covered person. To the extent that a nonprofit medical service corporation provides reimbursement for a test or procedure used in the diagnosis or treatment of conditions other than infertility, those tests and procedures shall not be excluded from reimbursement when provided attendant to the diagnosis and treatment of infertility for women between the ages of twenty-five

(25) and forty-two (42) years; provided, that subscriber copayment, not to exceed twenty percent (20%), may be required for those programs and/or procedures the sole purpose of which is the treatment of infertility.

(b) For purposes of this section, “infertility” means the condition of an otherwise presumably healthy individual who is unable to conceive or sustain a pregnancy during a period of one year.

(b) Notwithstanding the provisions of § 27-18-19 or any other provision to the contrary, this section shall apply to blanket or group policies of insurance.

(c) For the purposes of this section, the following terms shall have the following meanings:

(1) “Infertility” means:

(i) The presence of a condition recognized by a healthcare provider that impacts an individual’s ability to establish a pregnancy or carry a pregnancy to live birth, based on an individual’s medical, sexual, and reproductive history, age, physical findings, diagnostic testing, or any combination of those factors. This condition includes infertility arising from a disability or medical treatments or conditions associated with a disability;

(ii) An individual’s inability to establish a pregnancy or to carry a pregnancy to live birth after twelve (12) months of unprotected sexual intercourse when the individual and the individual’s partner have the necessary gametes to establish a pregnancy. Pregnancy loss does not restart the twelve (12) month time period;

(iii) An individual's inability to establish a pregnancy after six (6) months of unprotected sexual intercourse or carry a pregnancy to live birth due to an individual's age when the individual and the individual’s partner have the necessary gametes to establish pregnancy. Pregnancy loss does not restart the twelve (12) month time period;

(iv) An individual’s inability to establish a pregnancy because the individual or the individual and the individual’s partner do not have the necessary gametes to establish a pregnancy;

(v) An individual’s increased risk, independently or with the individual’s partner, of transmitting a serious, inheritable genetic or chromosomal abnormality to a child; or

(vi) As defined by the American Society of Reproductive Medicine.

(c) For purposes of this section, “standard fertility-preservation services” (2) "Standard fertility-preservation services" means procedures, counseling, products, medications, genetic testing, and services intended to preserve fertility consistent with established medical practices and professional guidelines published by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional medical organizations, for an individual who has a medical or genetic condition, including conditions related to a disability or chronic illness, or who is expected to undergo treatment that has a possible side effect of or may directly or indirectly cause a risk of impairment of fertility, and includes, but is not limited to, the procurement, cryopreservation, and storage of gametes, embryos, and reproductive material.

(d) For purposes of this section, “iatrogenic infertility” means an impairment of fertility by surgery, radiation, chemotherapy, or other medical treatment affecting reproductive organs or processes.

(e) For purposes of this section, “may directly or indirectly cause” means treatment with a likely side effect of infertility as established by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations.

(f) The health insurance contract may limit coverage to a lifetime cap of one hundred thousand dollars ($100,000).

(d) Coverage for the treatment of infertility under this section shall be provided without discrimination on the basis of age, ancestry, disability, domestic partner status, ethnicity, gender identity, genetic information, marital status, national origin, race, religion, sex, or sexual orientation.

(e) Coverage for the treatment of infertility under this section shall include, but shall not be limited to:

(1) At least four (4) complete oocyte retrievals with unlimited embryo transfers from those oocyte retrievals or from any oocyte retrieval;

(2) The medical costs related to an embryo transfer to be made from or on behalf of an insured to a third party;

(3) Coverage regardless of whether donor gametes or embryos are used or if an embryo will be transferred to a surrogate; and

(4) Procedures necessary to screen or diagnose a fertilized egg before transfer including, but not limited to, preimplantation genetic testing.

(f) An insurer described in subsection (a) of this section shall not impose any of the following:

(1) Deductibles, copayments, coinsurance, benefit maximums, waiting periods, or any other limitations on coverage for the diagnosis and treatment of infertility, including the prescription of fertility medications, different from those imposed on benefits for services not related to infertility;

(2) Pre-existing condition exclusions or pre-existing condition waiting periods on coverage for the diagnosis and treatment of infertility nor use any prior diagnosis of or prior treatment of infertility as a basis for excluding, limiting, or otherwise restricting the availability of coverage for required benefits;

(3) Limitations on coverage based solely on arbitrary factors, including number of attempts, dollar amounts, or age, or provide different benefits to, or impose different requirements on, a class protected under § 23-17-19.1, than that provided to other insureds;

(4) Impose any limitations on coverage required under this section based on an individual's use of donor gametes, donor embryos or surrogacy;

(5) Exclusions, limitations, or other restrictions on coverage of fertility medications that are different from those imposed on any other prescription medications; or

(6) Limitations under the policy based on anything other than the medical assessment of an individual’s licensed healthcare provider.

(g) An insurer described in subsection (a) of this section shall provide coverage under this section regardless of whether the insured foregoes a particular fertility treatment or procedure, if the insured’s healthcare provider determines that the treatment or procedure is likely to be unsuccessful or the insured seeks to use previously retrieved oocytes or embryos.

(h) This section does not interfere with the clinical judgment of a healthcare provider. Any clinical guidelines used for a policy subject to the requirements of this section shall be based on current guidelines developed by the American Society for Reproductive Medicine or the American Society of Clinical Oncology.

SECTION 4. Section 27-41-33 of the General Laws in Chapter 27-41 entitled "Health Maintenance Organizations" is hereby amended to read as follows: 27-41-33. Coverage for infertility.

(a) Any health maintenance organization service contract plan or policy delivered, issued for delivery, or renewed in this state, except a contract providing supplemental coverage to Medicare or other governmental programs, that includes pregnancy-related benefits, shall provide coverage for medically necessary expenses of diagnosis and treatment of infertility for women between the ages of twenty-five (25) and forty-two (42) years and for standard fertility-preservation services. when a medically necessary medical treatment may directly or indirectly cause iatrogenic infertility to a covered person. To the extent that a health maintenance organization provides reimbursement for a test or procedure used in the diagnosis or treatment of conditions other than infertility, those tests and procedures shall not be excluded from reimbursement when provided attendant to the diagnosis and treatment of infertility for women between the ages of twenty-five

(25) and forty-two (42) years; provided, that subscriber copayment, not to exceed twenty percent (20%), may be required for those programs and/or procedures the sole purpose of which is the treatment of infertility.

(b) For purposes of this section, “infertility” means the condition of an otherwise healthy individual who is unable to conceive or sustain a pregnancy during a period of one year.

(b) Notwithstanding the provisions of § 27-18-19 or any other provision to the contrary, this section shall apply to blanket or group policies of insurance.

(c) For the purposes of this section, the following terms shall have the following meanings:

(1) “Infertility” means:

(i) The presence of a condition recognized by a healthcare provider that impacts an individual’s ability to establish a pregnancy or carry a pregnancy to live birth, based on an individual’s medical, sexual, and reproductive history, age, physical findings, diagnostic testing, or any combination of those factors. This condition includes infertility arising from a disability or medical treatments or conditions associated with a disability;

(ii) An individual’s inability to establish a pregnancy or to carry a pregnancy to live birth after twelve (12) months of unprotected sexual intercourse when the individual and the individual’s partner have the necessary gametes to establish a pregnancy. Pregnancy loss does not restart the twelve (12) month time period;

(iii) An individual's inability to establish a pregnancy after six (6) months of unprotected sexual intercourse or carry a pregnancy to live birth due to an individual's age when the individual and the individual’s partner have the necessary gametes to establish pregnancy. Pregnancy loss does not restart the twelve (12) month time period;

(iv) An individual’s inability to establish a pregnancy because the individual or the individual and the individual’s partner do not have the necessary gametes to establish a pregnancy;

(v) An individual’s increased risk, independently or with the individual’s partner, of transmitting a serious, inheritable genetic or chromosomal abnormality to a child; or

(vi) As defined by the American Society of Reproductive Medicine.

(c) For purposes of this section, “standard fertility-preservation services” (2) "Standard fertility-preservation services" means procedures, counseling, products, medications, genetic testing, and services intended to preserve fertility consistent with established medical practices and professional guidelines published by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional medical organizations, for an individual who has a medical or genetic condition, including conditions related to a disability or chronic illness, or who is expected to undergo treatment that has a possible side effect of or may directly or indirectly cause a risk of impairment of fertility, and includes, but is not limited to, the procurement, cryopreservation, and storage of gametes, embryos, and reproductive material.

(d) For purposes of this section, “iatrogenic infertility” means an impairment of fertility by surgery, radiation, chemotherapy, or other medical treatment affecting reproductive organs or processes.

(e) For purposes of this section, “may directly or indirectly cause” means treatment with a likely side effect of infertility as established by the American Society for Reproductive Medicine, the American Society of Clinical Oncology, or other reputable professional organizations.

(f) The health insurance contract may limit coverage to a lifetime cap of one hundred thousand dollars ($100,000).

(d) Coverage for the treatment of infertility under this section shall be provided without discrimination on the basis of age, ancestry, disability, domestic partner status, ethnicity, gender identity, genetic information, marital status, national origin, race, religion, sex, or sexual orientation.

(e) Coverage for the treatment of infertility under this section shall include, but shall not be limited to:

(1) At least four (4) complete oocyte retrievals with unlimited embryo transfers from those oocyte retrievals or from any oocyte retrieval;

(2) The medical costs related to an embryo transfer to be made from or on behalf of an insured to a third party;

(3) Coverage regardless of whether donor gametes or embryos are used or if an embryo will be transferred to a surrogate; and

(4) Procedures necessary to screen or diagnose a fertilized egg before transfer including, but not limited to, preimplantation genetic testing.

(f) An insurer described in subsection (a) of this section shall not impose any of the following:

(1) Deductibles, copayments, coinsurance, benefit maximums, waiting periods, or any other limitations on coverage for the diagnosis and treatment of infertility, including the prescription of fertility medications, different from those imposed on benefits for services not related to infertility;

(2) Pre-existing condition exclusions or pre-existing condition waiting periods on coverage for the diagnosis and treatment of infertility nor use any prior diagnosis of or prior treatment of infertility as a basis for excluding, limiting, or otherwise restricting the availability of coverage for required benefits;

(3) Limitations on coverage based solely on arbitrary factors, including number of attempts, dollar amounts, or age, or provide different benefits to, or impose different requirements on, a class protected under § 23-17-19.1, than that provided to other insureds;

(4) Impose any limitations on coverage required under this section based on an individual's use of donor gametes, donor embryos or surrogacy;

(5) Exclusions, limitations, or other restrictions on coverage of fertility medications that are different from those imposed on any other prescription medications; or

(6) Limitations under the policy based on anything other than the medical assessment of an individual’s licensed healthcare provider.

(g) An insurer described in subsection (a) of this section shall provide coverage under this section regardless of whether the insured foregoes a particular fertility treatment or procedure, if the insured’s healthcare provider determines that the treatment or procedure is likely to be unsuccessful or the insured seeks to use previously retrieved oocytes or embryos.

(h) This section does not interfere with the clinical judgment of a healthcare provider. Any clinical guidelines used for a policy subject to the requirements of this section shall be based on current guidelines developed by the American Society for Reproductive Medicine or the American Society of Clinical Oncology.

SECTION 5. This act shall take effect on January 1, 2027.