New York S 8866: Establishes the cesarean births review board

Bill Text

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S08866 Summary:

BILL NOS08866 

&nbsp

SAME ASSAME AS A00885

&nbsp

SPONSORSALAZAR

&nbsp

COSPNSRHARCKHAM, SCARCELLA-SPANTON

&nbsp

MLTSPNSR

&nbsp

Amd §§3221 & 4303, Ins L

&nbsp

Establishes "The Equity in Fertility Treatment Act"; relates to the definition of infertility and health insurance coverage for the treatment of infertility.

Go to top S08866 Actions:

BILL NOS08866 

&nbsp

01/12/2026REFERRED TO INSURANCE

01/20/2026COMMITTEE DISCHARGED AND COMMITTED TO RULES

01/20/2026ORDERED TO THIRD READING CAL.97

01/27/2026PASSED SENATE

01/27/2026DELIVERED TO ASSEMBLY

01/27/2026referred to insurance

Go to topS08866 Committee&nbspVotes:

Go to topS08866 Floor&nbspVotes:

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

Go to topS08866 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8866

 IN SENATE

 January 12, 2026
 ___________

 Introduced by Sen. SALAZAR -- read twice and ordered printed, and when
 printed to be committed to the Committee on Insurance

 AN ACT to amend the insurance law, in relation to the definition of
 infertility and health insurance coverage for in-vitro fertilization

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

 1 Section 1. This act shall be known and may be cited as "The Equity in
 2 Fertility Treatment Act".
 3 § 2. Items (v) and (vii) of subparagraph (C) of paragraph 6 of
 4 subsection (k) of section 3221 of the insurance law, as amended by
 5 section 1 of part L of chapter 57 of the laws of 2019, are amended to
 6 read as follows:
 7 (v)(I) For the purposes of this paragraph, "infertility" means a
 8 disease or condition characterized by the incapacity to impregnate
 9 another person or to conceive, defined by (a) the failure to establish a
 10 clinical pregnancy after twelve months of regular, unprotected sexual
 11 intercourse or therapeutic donor insemination, or after six months of
 12 regular, unprotected sexual intercourse or therapeutic donor insemina-
 13 tion for a female thirty-five years of age or older; (b) a person's
 14 inability to reproduce either as a single individual or with their part-
 15 ner without medical intervention; or (c) a licensed physician's or
 16 osteopathic physician's findings based on a patient's medical, sexual,
 17 or reproductive history, age, physical findings, or diagnostic testing.
 18 Earlier evaluation and treatment may be warranted based on an individ-
 19 ual's medical, sexual, or reproductive history [or], age, physical find-
 20 ings, or diagnostic testing.
 21 (II) For purposes of this paragraph, "iatrogenic infertility" means an
 22 impairment of fertility by surgery, radiation, chemotherapy or other
 23 medical treatment affecting reproductive organs or processes.
 24 (vii) Every large group policy delivered or issued for delivery in
 25 this state that provides medical, major medical or similar comprehen-
 26 sive-type coverage shall provide coverage for three [cycles of]
 27 completed oocyte retrievals and in-vitro fertilization [used in the
 28 treatment of infertility] with unlimited embryo transfers from fresh or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03493-01-5

 S. 8866 2

 1 frozen oocytes or embryos from a covered retrieval, in accordance with
 2 the guidelines of the American Society for Reproductive Medicine, using
 3 single embryo transfer (SET) when recommended and medically appropriate
 4 for the treatment of infertility. Coverage (I) shall not be denied based
 5 on a covered individual's participation in fertility services provided
 6 by or to a third party, and (II) may be subject to annual deductibles
 7 and coinsurance, including copayments, as may be deemed appropriate by
 8 the superintendent and as are consistent with those established for
 9 other benefits within a given policy. [For purposes of this item, a
 10 "cycle" is defined as either all treatment that starts when: preparatory
 11 medications are administered for ovarian stimulation for oocyte
 12 retrieval with the intent of undergoing in-vitro fertilization using a
 13 fresh embryo transfer; or medications are administered for endometrial
 14 preparation with the intent of undergoing in-vitro