New Hampshire SB 558: relative to insurance coverage for infertility treatments, protection from discrimination during IVF treatments, parental leave, and adoption.

Status: Died on Table, Session ended 10/10/2024 HJ 17 (as of 2024-10-10)

State: New Hampshire · Session: 2024 · Bill: SB 558

Sponsors: Rebecca Perkins Kwoka, Alexis H Simpson, Cindy Rosenwald, David H. Watters, Debra Altschiller, Donna M. Soucy, Donovan Fenton, Jaci L. Grote, Lou D'Allesandro, Rebecca G. Whitley

Bill Text

SB 558-FN - AS AMENDED BY THE SENATE

04/11/2024 1488s

2024 SESSION

 24-3108

 12/08

SENATE BILL 558-FN

AN ACT relative to insurance coverage for infertility treatments, protection from discrimination during IVF treatments, parental leave, and adoption.

SPONSORS: Sen. Perkins Kwoka, Dist 21; Sen. Whitley, Dist 15; Sen. Fenton, Dist 10; Sen. Watters, Dist 4; Sen. Rosenwald, Dist 13; Sen. Soucy, Dist 18; Sen. D'Allesandro, Dist 20; Sen. Altschiller, Dist 24; Rep. Grote, Rock. 24; Rep. Simpson, Rock. 33

COMMITTEE: Health and Human Services

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AMENDED ANALYSIS

 This bill requires insurance companies to certify coverage for fertility treatment and prohibits employer discrimination based upon that treatment.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/11/2024 1488s 24-3108

 12/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to insurance coverage for infertility treatments, protection from discrimination during IVF treatments, parental leave, and adoption.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Short Title. This act shall be known as "The Modern Economy Act." 

 2 Access to Fertility Treatment. Amend RSA 417-G:2, IV to read as follows:

 IV. Each health carrier that issues or renews any group policy, plan, or contract of health insurance providing benefits for medical or hospital expenses, shall provide certificate holders of such insurance coverage for up to 6 rounds of intrauterine insemination per plan year regardless of whether or not the individual has a diagnosis of infertility.

 V. Coverage under paragraphs [I-III] I-IV shall not apply to plans available through the Small Business Health Options Program (SHOP) or to Extended Transition to Affordable Care Act-Compliant Policies. 

 3 Unlawful Discrimination; Fertility Treatment. Amend RSA 354-A:7, VI to read as follows:

 VI.(a) For the purposes of this chapter, the word "sex" includes pregnancy and medical conditions which cause or result from pregnancy or are otherwise related to pregnancy, including but not limited to fertility treatment as defined in RSA 417-G:1 or pregnancy loss or related bereavement time.

 (b) An employer shall permit a female employee to take leave of absence and attend appointments for the period of temporary physical disability resulting from pregnancy, childbirth or related medical conditions, including but not limited to well-being checkups, in-vitro fertilization follow up, and postpartum care. When the employee is physically able to return to work, [her] that employee's original job or a comparable position shall be made available to [her] them by the employer unless business necessity makes this impossible or unreasonable.

 4 Effective Date. This act shall take effect 60 days after its passage.

 LBA

 24-3108

 Amended 4/18/24

SB 558-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2024-1488s)

AN ACT relative to insurance coverage for infertility treatments, protection from discrimination during IVF treatments, parental leave, and adoption.

FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None

 Estimated State Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

 Revenue

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 Revenue Fund(s)

General Fund

Insurance Premium Tax

 Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 Funding Source(s)

General Fund

Various Government Funds

 Appropriations

$0

$0

$0

$0

 Funding Source(s)

None

 • Does this bill provide sufficient funding to cover estimated expenditures? [X] No

• Does this bill authorize new positions to implement this bill? [X] No

 Estimated Political Subdivision Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

 County Revenue

$0

$0

$0

$0

 County Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 Local Revenue

$0

$0

$0

$0

 Local Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

METHODOLOGY:

This bill requires insurance companies to certify coverage for fertility treatment and prohibits employer discrimination based upon that treatment. The Insurance Department assumes this bill would result in higher total claims costs associated with intrauterine insemination (IUI). Based on analysis of plan year 2023 data, the Department estimated an additional annual cost to commercial fully insured market of approximately $144,000 or $0.05 per member per month. The 

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