New York S 5734: Expands insurance coverage for in vitro fertilization to include three complete oocyte retrievals and in vitro fertilization with unlimited embryo transfers; includes coverage under individual policies

Bill Text

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S05734 Summary:

BILL NOS05734 

&nbsp

SAME ASSAME AS A07175

&nbsp

SPONSORSCARCELLA-SPANTON

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§3221, 4303 & 3216, Ins L

&nbsp

Expands insurance coverage for in vitro fertilization; includes coverage under individual policies; provides coverage for three complete oocyte retrievals and in vitro fertilization with unlimited embryo transfers.

Go to top S05734 Actions:

BILL NOS05734 

&nbsp

02/28/2025REFERRED TO WOMEN'S ISSUES

01/07/2026REFERRED TO WOMEN'S ISSUES

Go to topS05734 Committee&nbspVotes:

Go to topS05734 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05734 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5734

 2025-2026 Regular Sessions

 IN SENATE

 February 28, 2025
 ___________

 Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
 and when printed to be committed to the Committee on Women's Issues

 AN ACT to amend the insurance law, in relation to expanding insurance
 coverage of in vitro fertilization, including individual health insur-
 ance policy coverage

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Item (vii) of subparagraph (C) of paragraph 6 of subsection
 2 (k) of section 3221 of the insurance law, as amended by section 1 of
 3 part L of chapter 57 of the laws of 2019, is amended to read as follows:
 4 (vii) Every large group policy delivered or issued for delivery in
 5 this state that provides medical, major medical or similar comprehen-
 6 sive-type coverage shall provide coverage for three [cycles of in-vitro]
 7 complete oocyte retrievals and in vitro fertilization used in the treat-
 8 ment of infertility with unlimited embryo transfers from fresh or frozen
 9 oocytes or embryos from a covered retrieval. Coverage may be subject to
 10 annual deductibles and coinsurance, including copayments, as may be
 11 deemed appropriate by the superintendent and as are consistent with
 12 those established for other benefits within a given policy. [For
 13 purposes of this item, a "cycle" is defined as either all treatment that
 14 starts when: preparatory medications are administered for ovarian stimu-
 15 lation for oocyte retrieval with the intent of undergoing in-vitro
 16 fertilization using a fresh embryo transfer; or medications are adminis-
 17 tered for endometrial preparation with the intent of undergoing in-vitro
 18 fertilization using a frozen embryo transfer.]
 19 § 2. Subparagraph (G) of paragraph 3 of subsection (s) of section 4303
 20 of the insurance law, as amended by section 2 of part L of chapter 57 of
 21 the laws of 2019, is amended to read as follows:
 22 (G) Every large group contract that provides medical, major medical or
 23 similar comprehensive-type coverage shall provide coverage for three
 24 [cycles of in-vitro] complete oocyte retrievals and in vitro fertiliza-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05127-01-5

 S. 5734 2

 1 tion used in the treatment of infertility with unlimited embryo trans-
 2 fers from fresh or frozen oocytes or embryos from a covered retrieval.
 3 Coverage may be subject to annual deductibles and coinsurance, including
 4 copayments, as may be deemed appropriate by the superintendent and as
 5 are consistent with those established for other benefits within a given
 6 contract. [For purposes of this subparagraph, a "cycle" is defined as
 7 either all treatment that starts when: preparatory medications are
 8 administered for ovarian stimulation for oocyte retrieval with the
 9 intent of undergoing in-vitro fertilization using a fresh embryo trans-
 10 fer; or medications are administered for endometrial preparation with
 11 the intent of undergoing in-vitro fertilization using a frozen embryo
 12 transfer.]
 13 § 3. Paragraph 13 of subsection (i) of section 3216 of the insurance
 14 law, as added by chapter 897 of the laws of 1990 and renumbered by chap-
 15 ter 131 of the laws of 1992 and subparagraph (C) as added by section 3
 16 of part L of chapter 57 of the laws of 2019, is amended to read as
 17 follows:
 18 (13) (A) Every policy which provides coverage for hospital care