BILL NUMBER: S3155
SPONSOR: COONEY
 
TITLE OF BILL:
An act to amend the insurance law, in relation to insurance coverage for
in vitro fertilization
 
SUMMARY OF PROVISIONS:
Section 1 amends section 3221 of the insurance law, to prohibit any
insurer that is required to provide coverage for in vitro fertilization
pursuant to this paragraph from requiring the transfer of all embryos
from a prior cycle as a prerequisite for coverage of a subsequent cycle
for a female thirty-five years of age or older.
Section 2 amends section 4303 of the insurance law, to prohibit any
corporation that is required to provide coverage for in vitro fertiliza-
tion pursuant to this paragraph from requiring the transfer of all embr-
yos from a prior cycle as a prerequisite for coverage of a subsequent
cycle for a female thirty-five years of age or older.
Section 3 is the effective date.
 
JUSTIFICATION:
In 2019, New York passed landmark legislation to require coverage for
three cycles of in vitro fertilization (IVF) in cases of infertility.
However, certain insurers are requiring the use of all embryos from a
previous cycle in order to provide coverage for a new cycle. These embr-
yos are not always as viable, and the mandated transfer of these embryos
adds unnecessary delays to the process. For women ages thirty-five and
over, this is time that they cannot afford to lose. By prohibiting this
insurance practice, the bill not only provides more options for women
over thirty-five to have a viable pregnancy, but also puts control back
in the hands of the IVF providers and patients.
 
PRIOR LEGISLATIVE HISTORY:
2023-24: S.9185
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S3155: 3221 insurance law, 3221(k) insurance law, 4303 insurance law, 4303(s) insurance law