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Mandated Coverage of Infertility Treatment, January 2009

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 State Mandates Coverage of Infertility Treatment?Individual MarketType of MandateSmall Group MarketType of Mandate
United States15 Yes12 YesNA14 YesNA
AlabamaNoNANANANA
AlaskaNoNANANANA
ArizonaNoNANANANA
ArkansasYes1YesCoverYesCover
CaliforniaYes2NoNAYesOffer
ColoradoNoNANANANA
ConnecticutYes3YesCoverYesCover
DelawareNoNANANANA
District of ColumbiaNoNANANANA
FloridaNoNANANANA
GeorgiaYes4YesCoverYesCover
HawaiiYes5YesCoverYesCover
IdahoNoNANANANA
IllinoisYes6NoNANoCover
IndianaNoNANANANA
IowaNoNANANANA
KansasNoNANANANA
KentuckyNoNANANANA
LouisianaNoNANANANA
MaineNoNANANANA
MarylandYes7YesCoverYesCover
MassachusettsYes8YesCoverYesCover
MichiganNoNANANANA
MinnesotaNoNANANANA
MississippiNoNANANANA
MissouriNoNANANANA
MontanaYes4YesCoverYesCover
NebraskaNoNANANANA
NevadaNoNANANANA
New HampshireNoNANANANA
New JerseyNoNANANANA
New MexicoYes9YesCoverYesCover
New YorkYes10YesCoverYesCover
North CarolinaNoNANANANA
North DakotaNoNANANANA
OhioYes4YesCoverYesCover
OklahomaNoNANANANA
OregonNoNANANANA
PennsylvaniaNoNANANANA
Rhode IslandYes11YesCoverYesCover
South CarolinaNoNANANANA
South DakotaNoNANANANA
TennesseeNoNANANANA
TexasYes12NoNAYesOffer
UtahNoNANANANA
VermontNoNANANANA
VirginiaNoNANANANA
WashingtonNoNANANANA
West VirginiaYes4YesCoverYesCover
WisconsinNoNANANANA
WyomingNoNANANANA
(show/hide notes)
Notes: 

Data as of January 2009.

A range of treatments may be available to those facing infertility, including prescription drugs (e.g., to stimulate ovulation) and surgery (e.g., to repair blocked fallopian tubes or seminal vessels). In addition, several assisted conception techniques include, among others, artificial insemination (AI), in vitro fertilization (IVF), gamete intrafallopian transfer (GIFT), and egg or embryo donation. 14 states mandate coverage of at least some kind of infertility treatment in policies sold through the individual market, the small group market, or both. State mandates vary considerably. Some apply only to certain kinds of health insurance policies, for example, HMOs. Others specify certain types of infertility treatment, such as IVF, that must be, or not be, covered under the mandate.

Sources: 

Data compiled through review of federal and state law.
Data collection and analysis by researchers at the Health Policy Institute, Georgetown University.

Definitions: 

Sometimes, state law require health insurance plans sold by licensed insurers to include coverage for a specific benefit. This is called a "mandate to cover". As an alternative, a state law may require health insurers to offer coverage for a specific benefit, but the person or group buying the policy does not have to elect coverage for that specific benefit. This is a "mandate to offer".

NA: Data are not available.

Footnotes: 
  1. IVF only. Applicable to policies that otherwise cover maternity benefits. State law specifies certain qualifications for benefits and minimum benefit standards.
  2. Infertility treatment, excluding IVF; In the case of HMOS, only when the HMO plan is offered to an employer with at least 20 employees. State law specifies qualifications for benefits.
  3. Infertility treatment, including IVF and other specified techniques; State law specifies certain qualifications for benefits, including the imposition of a 12 month waiting period for infertility benefits and restriction of benefits to enrollees over the age of 40. State law permits an exception to infertility benefit mandate for religious purposes.
  4. Infertility services not defined; applicable to HMOs only.
  5. IVF only; Applicable to policies that otherwise cover pregnancy-related benefits. State law requires coverage for one IVF procedure and specifies certain qualifications for benefits.
  6. Infertility treatment, including IVF and other specified techniques; Applicable to group plans covering 25 or more employees that otherwise cover pregnancy-related benefits. State law specifies certain qualifications for benefits. State law permits an exception to infertility benefit mandate for religious purposes.
  7. IVF only. Applicable to policies that otherwise cover pregnancy related benefits. State law specifies certain qualifications for benefits. State law allows insurers to limit coverage to 3 IVF attempts per live birth, not to exceed a maximum lifetime benefit of $100,000. State law permits an exception to infertility benefit mandate for religious purposes.
  8. Infertility treatment, including IVF and other specified techniques. Applicable to policies that otherwise cover pregnancy related benefits. State law specifies certain qualifications for benefits.
  9. Treatment for physical conditions causing infertility, except voluntary sterilization surgery. Applicable to HMOs only.
  10. Insurers cannot exclude treatment of correctable medical conditions resulting in infertility. State mandate does not include IVF and other specified procedures. State law specifies certain qualifications for benefits, including the imposition of a 12 month waiting period for infertility benefits and restriction of benfit to enrollees 21 to 44.
  11. Infertility coverage, including medically necessary treatment; applicable to policies that otherwise cover pregnancy-related benefits. State law specifies certain qualifications for benefits, including restriction of benefit to enrollees 25 to 42. State law allows insurers to limit coverage to a maximum lifetime benefit of $100,000.
  12. IVF only; Applicable to policies that otherwise cover pregnancy-related benefits. State law specifies certain qualifications for benefits.



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