HOUSE BILL NO. 3215 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE ALLEN.
7083H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapters 192 and 376, RSMo, by adding thereto three new sections relating to access to fertility treatment, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 192 and 376, RSMo, are amended by adding thereto three new 2 sections, to be known as sections 192.1035, 192.1037, and 376.1246, to read as follows: 192.1035. 1. This section and sections 192.1037 and 376.1246 shall be known and 2 may be cited as the "Missouri Family Building and Fertility Access Act". 3 2. As used in this section and section 192.1037, the following terms mean: 4 (1) "Certified fertility clinic", a facility or provider offering fertility treatment 5 that is accredited by the American Society for Reproductive Medicine or the American 6 College of Obstetricians and Gynecologists; 7 (2) "Fertility treatment", procedures, services, and medications used to diagnose 8 or address infertility, as the term "infertility" is defined by the American Society for 9 Reproductive Medicine; 10 (3) "Program", the infertility access program established under subsection 3 of 11 this section. 12 3. Subject to appropriation, the department of health and senior services shall 13 establish a program to be known as the "Infertility Access Program" to improve access 14 to fertility treatment in this state. 15 4. The program shall: 16 (1) Provide travel assistance, lodging stipends, or telehealth subsidies for 17 individuals in rural or medically underserved areas seeking fertility diagnosis or fertility
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 3215 2
18 treatment at certified fertility clinics and who would otherwise be unable to access 19 services at a certified fertility clinic; 20 (2) Support telemedicine infrastructure for fertility specialists serving shortage 21 areas designated by the department of health and senior services by rule; and 22 (3) Conduct community outreach and education on infertility care and available 23 resources. 24 5. The department of health and senior services may contract with local health 25 agencies or nonprofit organizations to administer the program. 26 6. (1) There is hereby created in the state treasury the "Infertility Access Fund", 27 which shall consist of moneys appropriated to it by the general assembly and any gifts, 28 contributions, grants, or bequests received from federal, private, or other sources. The 29 state treasurer shall be custodian of the fund. In accordance with sections 30.170 and 30 30.180, the state treasurer may approve disbursements. The fund shall be a dedicated 31 fund and, upon appropriation, moneys in this fund shall be used solely to administer the 32 program established in this section. 33 (2) Notwithstanding the provisions of section 33.080 to the contrary, any moneys 34 remaining in the fund at the end of the biennium shall not revert to the credit of the 35 general revenue fund. 36 (3) The state treasurer shall invest moneys in the fund in the same manner as 37 other funds are invested. Any interest and moneys earned on such investments shall be 38 credited to the fund. 39 7. The department of health and senior services shall promulgate rules to 40 implement this section including, but not limited to, eligibility criteria for assistance 41 provided through the program. Any rule or portion of a rule, as that term is defined in 42 section 536.010, that is created under the authority delegated in this section shall 43 become effective only if it complies with and is subject to all of the provisions of chapter 44 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable 45 and if any of the powers vested with the general assembly pursuant to chapter 536 to 46 review, to delay the effective date, or to disapprove and annul a rule are subsequently 47 held unconstitutional, then the grant of rulemaking authority and any rule proposed or 48 adopted after August 28, 2026, shall be invalid and void. 192.1037. 1. The department of health and senior services, in coordination with 2 the department of commerce and insurance, shall produce a report every two years on 3 access to fertility treatment and outcomes. 4 2. The report shall include: 5 (1) Trends in infertility diagnoses, fertility treatment utilization, and outcomes 6 by region; HB 3215 3
7 (2) Barriers to care, including cost, distance, and provider availability; 8 (3) Recommendations for improving access and equity; and 9 (4) Comparative data aligned with the state's maternal health dashboards. 10 3. The department of health and senior services shall submit the report to the 11 governor, the speaker of the house of representatives, and the president pro tempore of 12 the senate and make the report publicly available online. 376.1246. 1. As used in this section, the following terms mean: 2 (1) "Enrollee", the same meaning given to the term in section 376.1350; 3 (2) "Fertility treatment", the same meaning given to the term in section 4 192.1035; 5 (3) "Health carrier", the same meaning given to the term in section 376.1350; 6 (4) "Participating enrollee", an enrollee who receives coverage of fertility 7 treatment by the enrollee's health carrier. 8 2. Each health carrier offering coverage of fertility treatment shall publish a 9 plain-language summary of the fertility coverage on its publicly accessible website 10 including, but not limited to, information on eligibility, coverage limitations, and 11 procedures covered. 12 3. (1) Each health carrier offering coverage of fertility treatment shall, on or 13 before March first of each calendar year, submit to the department of health and senior 14 services and the department of commerce and insurance an annual utilization report 15 including, but not limited to, the following information: 16 (a) The number of enrollees who received fertility treatment; 17 (b) The type of fertility treatment provided to participating enrollees; 18 (c) Geographic distribution of participating enrollees by zip code; and 19 (d) Demographic data, including age, race, ethnicity, gender, and income range, 20 of participating enrollees as reported voluntarily or as available through claims data. 21 (2) All reports submitted under this subsection shall exclude personally 22 identifiable information and comply with the federal Health Insurance Portability and 23 Accountability Act (42 U.S.C. Section 1320d et seq.) and state privacy laws. 24 (3) The department of health and senior services shall aggregate the data from 25 the reports submitted under this subsection and publish statewide findings annually on 26 its public website. 27 4. The department of commerce and insurance may issue such administrative 28 orders or penalties as authorized under section 374.046 for failure to comply with the 29 reporting or publication requirements of this section. 30 5. The department of commerce and insurance may promulgate rules to enforce 31 compliance with this section. Any rule or portion of a rule, as that term is defined in HB 3215 4
32 section 536.010, that is created under the authority delegated in this section shall 33 become effective only if it complies with and is subject to all of the provisions of chapter 34 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable 35 and if any of the powers vested with the general assembly pursuant to chapter 536 to 36 review, to delay the effective date, or to disapprove and annul a rule are subsequently 37 held unconstitutional, then the grant of rulemaking authority and any rule proposed or 38 adopted after August 28, 2026, shall be invalid and void. ✔
Statutes affected: