NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7339
SPONSOR: Rozic 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 direct-
ly 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 over-
whelming finanCial barrier. This burden is especially acute during the
prime reproductive years when egg freezing is most effective. Unless
someone is independently wealthy or fortunate enough to work for one of
the small percentage 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:
This is a new bill in the Assembly.
FISCAL IMPUCATIONS:
None to the State
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7339
2025-2026 Regular Sessions
IN ASSEMBLY
March 25, 2025
___________
Introduced by M. of A. ROZIC -- read once and referred to the Committee
on Insurance
AN ACT to amend the insurance law, in relation to coverage for fertility
preservation services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Clauses (vi) and (viii) of subparagraph (C) of paragraph 6
2 of subsection (k) of section 3221 of the insurance law, as amended by
3 section 1 of part L of chapter 57 of the laws of 2019, are amended to
4 read as follows:
5 (vi) Coverage shall also include standard fertility preservation
6 services [when a medical treatment may directly or indirectly cause
7 iatrogenic infertility to an insured]. Coverage may be subject to annual
8 deductibles and coinsurance, including copayments, as may be deemed
9 appropriate by the superintendent and as are consistent with those
10 established for other benefits within a given policy.
11 (viii) No insurer providing coverage under this paragraph shall
12 discriminate based on an insured's expected length of life, present [of]
13 or predicted disability, degree of medical dependency, perceived quality
14 of life, or other health conditions, including anticipated iatrogenic
15 infertility, nor based on personal characteristics, including age, sex,
16 sexual orientation, marital status or gender identity.
17 § 2. Subparagraphs (F) and (H) of paragraph 3 of subsection (s) of
18 section 4303 of the insurance law, as amended by section 2 of part L of
19 chapter 57 of the laws of 2019, are amended to read as follows:
20 (F) Coverage shall also include standard fertility preservation
21 services [when a medical treatment may directly or indirectly cause
22 iatrogenic infertility to an insured]. Coverage may be subject to annual
23 deductibles and coinsurance, including copayments, as may be deemed
24 appropriate by the superintendent and as are consistent with those
25 established for other benefits within a given contract.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08489-01-5
A. 7339 2
1 (H) No corporation providing coverage under this subsection shall
2 discriminate based on an insured's expected length of life, present or
3 predicted disability, degree of medical dependency, perceived quality of
4 life, or other health conditions, including anticipated iatrogenic
5 infertility, nor based on personal characteristics, including age, sex,
6 sexual orientation, marital status or gender identity.
7 § 3. Subparagraph (C) of paragraph 13 of subsection (i) of section
8 3216 of the insurance law, as added by section 3 of part L of chapter 57
9 of the laws of 2019, is amended to read as follows:
10 (C) Every policy that provides medical, major medical or similar
11 comprehensive-type coverage shall provide coverage for standard fertili-
12 ty preservation services [when a medical treatment may directly or indi-
13 rectly cause iatrogenic infertility to an insured]. Coverage may be
14 subject to annual deductibles and coinsurance, including copayments, as
15 may be deemed appropriate by the superintendent and as are consistent
16 with those established for other benefits within a given policy.
17 (i) For purposes of this subparagraph, "iatrogenic infertility" means
18 an impairment of fertility by surgery, radiation, chemotherapy or other
19 medical treatment affecting reproductive organs or processes.
20 (ii) No insurer providing coverage under this paragraph shall discrim-
21 inate based on an insured's expected length of life, present or
22 predicted disability, degree of medical dependency, perceived quality of
23 life, or other health conditions, including anticipated iatrogenic
24 infertility, nor based on personal characteristics, including age, sex,
25 sexual orientation, marital status or gender identity.
26 § 4. This act shall take effect immediately.
