LB501                                                                     LB501
2019                                                                       2019
                              LEGISLATURE OF NEBRASKA
                           ONE HUNDRED SIXTH LEGISLATURE
                                   FIRST SESSION
                       LEGISLATIVE BILL 501
        Introduced by Hunt, 8.
        Read first time January 22, 2019
        Committee: Banking, Commerce and Insurance
 1      A BILL FOR AN ACT relating to insurance; to require insurance coverage
 2          for in vitro fertilization procedures as prescribed; and to provide
 3          for rules and regulations by the Department of Insurance.
 4      Be it enacted by the people of the State of Nebraska,
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LB501                                                                                                     LB501
2019                                                                                                       2019
  1          Section      1.     (1)(a)    Subject to    subsections       (3)    and   (4)      of this
  2     section and notwithstanding section 44-3,131, (a) any individual or group
 3      sickness and accident insurance policy,   certificate,         or subscriber
  4     contract delivered, issued for delivery, or renewed in this state and any
  5     hospital,    medical,       or surgical expense-incurred policy,         except for
  6     policies that provide coverage for a specified disease or other limited-
  7     benefit coverage and (b) any self-funded employee benefit plan to the
  8     extent not preempted by federal law that provides coverage for pregnancy-
 9      related procedures,      shall provide coverage on     an expense incurred,
 10     service, or prepaid basis for outpatient expenses that arise from in
 11     vitro fertilization procedures.
12           (2) Benefits for in vitro fertilization procedures required under
13      this section must be provided to the same extent as benefits provided for
 14     other pregnancy-related procedures under the policy,         certificate,
 15     contract, or plan.
16           (3) Coverage for in vitro fertilization procedures shall be required
17      under this section only if:   (a)      The patient for the in      vitro
 18     fertilization procedure is   an individual covered under the policy,
 19     certificate, contract, or plan; (b) the patient has been unable to attain
 20     a successful pregnancy through any less costly applicable infertility
21      treatments; and (c) the in vitro fertilization procedures are performed
 22     at a medical facility that conforms to the minimal standards for programs
 23     of in    vitro fertilization adopted by    the American Society for
 24     Reproductive Medicine.
 25          (4) The Department of Insurance may adopt and promulgate rules and
 26     regulations to carry out this section.
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