BILL NUMBER: S4497
SPONSOR: HINCHEY
 
TITLE OF BILL:
An act to amend the insurance law, in relation to coverage for fertility
preservation services
 
PURPOSE:
To expand existing insurance coverage of fertility preservation services
beyond only cases of iatrogenic infertility
 
SUMMARY OF PROVISIONS:
Section one amends insurance law section 3221(k) (6) (C) items (vi) and
(viii) as follows:
(vi) - amends existing coverage mandate for fertility preservation
services to repeal the restriction to cases "when a medical treatment
may directly or indirectly cause iatrogenic infertility."
(viii) - prohibits insurers from discriminating based on anticipated
iatrogenic infertility.
Section two amends insurance law section 4303 (s) (3) items (F) and (H)
as follows:
(F) - amends existing coverage mandate for fertility preservation
services to repeal the restriction to cases "when a medical treatment
may directly or indirectly cause iatrogenic infertility."
(H) - prohibits insurers from discriminating based on anticipated iatro-
genic infertility.
Section three amends insurance law section 3216 (i) (13) (C) as follows:
(C) - amends existing coverage mandate for fertility preservation
services to repeal the restriction to cases "when a medical treatment
may directly or indirectly cause iatrogenic infertility."
(C) (ii) - prohibits insurers from discriminating based on anticipated
iatrogenic infertility.
Section four is the effective date.
 
JUSTIFICATION:
Under current law, fertility preservation services are only mandated for
coverage when infertility results from medical treatments. While this
addresses a critical need for individuals undergoing procedures like
chemotherapy, it fails to account for the myriad reasons someone may
wish to preserve their fertility. For most New Yorkers, the cost of egg
freezing remains unattainable, creating a significant and often ovena-
heiming financial barrier. This burden is especially acute during the
prime reproductive years when egg freezing is most effective. Unless
someone is independently wealthy or fortmate enough to work for one of
the small percenteve of employers that offer fertility preservation
benefits, they are effectively excluded from using this advanced medical
tool to plan their families and their futures.
Many individuals delay childbearing for reasons such as achieving finan-
cial stability, pursuing higher education, or addressing family health
risks, such as a genetic predisposition to ovarian cancer. These are
valid and pressing concerns, yet they fall outside the current scope of
coverage. Moreover, it is unacceptable that New Yorkers can find more
affordable fertility preservation options abroad, though even this
alternative remains financially inaccessible for most, further high-
lighting the inequity in the current system.
In an era of unprecedented medical advancement, egg freezing, and other
fertility preservation services should not be luxuries reserved for the
privileged few. These tools allow individuals to take control of their
reproductive health and family planning, fostering personal and economic
stability. By restricting access to these services, New York perpetuates
a system in which only the wealthy can fully benefit from medical
progress. The current system contradicts our values as a state committed
to equity and opportunity for all.
This legislation builds on the 2019 law by removing the restriction that
fertility preservation services be covered only in cases of iatrogenic
infertility. It acknowledges the broader circumstances under which indi-
viduals might need these services and ensures that coverage is equitable
and accessible to most New Yorkers. This effort also aligns New York
with a growing movement to make advanced reproductive technology a stan-
dard rather than a luxury.
New Yorkers should not have to choose between pursuing their dreams or
building a family. This legislation is a critical step toward rectifying
the inequity affecting those without financial means. By expanding
access to fertility preservation services, New York can reaffirm its
leadership in promoting reproductive rights and health equity for all.
As a state that has often led the nation in reproductive health poli-
cies, New York has the opportunity to set a new national standard.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPUCATIONS:
None to the State
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S4497: 3216 insurance law, 3216(i) insurance law