BILL NUMBER: S698
SPONSOR: KRUEGER
 
TITLE OF BILL:
An act to amend the insurance law, in relation to financial loss as a
result of a failed in-vitro fertilization or intrauterine insemination
 
PURPOSE:
To indemnify an intended parent for expenses disbursed when either the
intended parent or a person acting as a surrogate receives IVF or IUI
treatment that fails and does not result in the birth of a child.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends Insurance Law section 1113(a) to authorize insurance
for expenses disbursed when either the intended parent or a person
acting as a surrogate receives IVF or ICI treatment that tails and does
not result in the birth of a child.
Section 2 adds a new section 3437 to the Insurance Law, which requires a
statement in the application for credit insurance for IVF or IUI that
explains that such product is not a substitute for comprehensive health
insurance. An excess line broker who procures such credit insurance
policy must also provide the statement that the product is not a substi-
tute for comprehensive health insurance.
Section 3 provides that the Oct shall take effect on the thirtieth day
after it shall become law.
 
JUSTIFICATION:
IVF and IUI is extremely expensive and many intended parents require
multiple rounds of FIR and IUI to have a child. Many intended parents
incur substantial expense (often in the form of debt) without obtaining
a successful result (i.e., the birth of a child). These intended parents
are less likely to attempt additional rounds of IVF cr TUT if early
rounds are unsuccessful, especially when they are saddled with substan-
tial debt.
New York law requires that basic infertility treatments be covered under
individual, small croup, and large group comprehensive health insurance
policies. This includes coverage for the diagnosis and treatment of
correctable medical conditions causing infertility and for other basic
infertility treatments such as intrauterine insemination. New York also
law requires health insurers covering large employer groups (i.e.,
groups of more than 100 employees) to provide coverage for three rounds
of IVF. While this mandatory coverage will undoubtedly halo many
intended parents have a child, unfortunately, many intended parents who
reside in New York and who would make use of such coverage do not have
it because either: (1) they do not get their health insurance through
their employer, or (2) their health insurance is an EAISA plan or other-
wise not subject to New York law and thus is not required to provide
coverage.
This legislation will protect against the large out-of-pocket expense of
a failed IVF or IUI procedure.
 
LEGISLATIVE HISTORY:
2024: S.9814/A.10674 Weprin -New Bill
 
FISCAL IMPACT ON STATE:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall become
law.

Statutes affected:
S698: 1113 insurance law, 1113(a) insurance law