insurance laws A handful of states have enacted laws requiring that infertility insurance coverage be either offered or provided. Most states however have no such laws and there is no federal law requiring that insurance plans cover infertility services.

states that mandate infertility coverage be provided The states listed below have mandated that health insurance plans include coverage of all or some aspects of infertility services.

  • Arkansas
  • Connecticut
  • Hawaii
  • Illinois
  • Maryland
  • Massachusetts
  • Montana
  • New Jersey
  • New York
  • Ohio
  • Rhode Island
  • West Virginia
Some of these mandates require that coverage be provided only by particular groups such as health maintenance organizations (HMOs). Many direct that certain medical conditions be met before coverage is provided. Some specifically mandate coverage for assisted reproductive technologies (ART), while others specifically limit or exclude it. A description of each state mandate is set forth by the American Society for Reproductive Medicine (ASRM).

states that mandate infertility coverage be offered The two states listed below have mandated that insurance companies make available policies that cover infertility treatment. However the laws do not require that employers pay for such policies so that individuals may not find those policies available through their employers. The ASRM Web site noted above also summarizes these state mandates.

  • California
  • Texas
states without mandates The remaining 36 states do not have laws that require the provision or offer of infertility coverage. However, several organizations including RESOLVE and the American Fertility Association are advocating the adoption of additional state infertility insurance mandates. Currently, campaigns to enact such mandates are particularly active in Florida, Maine and Pennsylvania. There also are ongoing efforts to strengthen the mandates in Texas.