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Senate Passes Vitale, Stack Bill Revising Health Insurance Coverage Requirements for Infertility Treatment


TRENTON – Legislation sponsored by Senator Joe Vitale and Senator Brian Stack that would amend current law on health insurance coverage to remove barriers to receiving infertility treatment services passed the Senate.

The bill would require health insurance carriers to cover any services related to infertility in accordance with American Society for Reproductive Medicine guidelines and as determined by a physician, including intrauterine insemination, genetic testing, unlimited embryo transfers, in accordance with guidelines from the American Society for Reproductive Medicine, and any other services related to infertility that have been recommended by a physician.

“As many as one in six people of childbearing age suffer from difficulties involving infertility. And while viable treatment services are available, they are often too expensive or too difficult to access,” said Senator Vitale (D-Middlesex), Chair of the Senate Health, Human Services and Senior Citizens Committee. “Through this legislation, we will begin to change our way of thinking about infertility, treat it like the disease that it is, and require health insurance to help cover the cost.”

Two committee amendments added to the bill include a) one requiring insurance carriers to cover any services related to infertility in accordance with American Society for Reproductive Medicine guidelines and as determined by a physician; and b) a second stipulating that nothing in the definition of “infertility” may be used to deny or delay treatment to any individual, regardless of relationship status or sexual orientation.

“Given the exorbitant costs that persist in infertility treatment services, as well as the outdated definition of ‘infertility,’ many New Jerseyans seeking to start a family can grow frustrated and depressed,” said Senator Stack (D-Hudson). “This bill will help New Jersey residents more easily access and afford infertility services of their choosing.”

Advocates argue that current law places significantly greater financial burdens on LGBTQ+ or single New Jerseyans who require medical assistance to build their families than on heterosexual, partnered New Jerseyans. The bill would prohibit discrimination against people using third-party reproduction and covers the medical costs associated with using donor sperm/egg/embryo and surrogacy.

According to the Centers for Disease Control and Prevention (CDC), one in eight partnered cisgender women have difficulty getting pregnant or sustaining a pregnancy. More recent data from the World Health Organization (WHO) suggests the prevalence is as high as one in four.

The bill, S-3627, was advanced by the Senate by a vote of 34-1.