Vermont H. 302: An act relating to increasing the minimum wage

Bill Text

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H.302 1
Introduced by Representatives Bartley of Fairfax, Boyden of Cambridge, 2
Coffin of Cavendish, Cooper of Pownal, Dodge of Essex, 3
Hooper of Burlington, Logan of Burlington, McCann of 4
Montpelier, Micklus of Milton, Mrowicki of Putney, Nugent of 5
South Burlington, and Priestley of Bradford 6
Referred to Committee on 7
Date: 8
Subject: Health; health insurance; Medicaid; fertility-related services 9
Statement of purpose of bill as introduced: This bill proposes to require health 10
insurance plans and Vermont Medicaid to provide coverage for fertility-related 11
services. It would also direct the Agency of Human Services to seek federal 12
approval of an amendment to Vermont’s Medicaid state plan to permit the 13
Medicaid coverage. 14
An act relating to health insurance and Medicaid coverage for fertility care 15
It is hereby enacted by the General Assembly of the State of Vermont: 16
Sec. 1. 8 V.S.A. § 4099f is added to read: 17
§ 4099f. FERTILITY-RELATED SERVICES 18
(a) Definitions. As used in this section: 19

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(1) “Experimental fertility procedure” means a procedure for which the 1
published medical evidence is not sufficient for the American Society for 2
Reproductive Medicine, its successor organization, or a comparable 3
organization to regard the procedure as established medical practice. 4
(2) “Fertility diagnostic care” means procedures, products, medications, 5
and services intended to provide information about an individual’s fertility, 6
including laboratory assessments and imaging studies. 7
(3) “Fertility preservation services” means procedures, products, 8
medications, and services intended to preserve fertility, consistent with 9
established medical practice and professional guidelines published by the 10
American Society for Reproductive Medicine, its successor organization, or a 11
comparable organization, for an individual who has a medical or genetic 12
condition or who is expected to undergo treatment that may directly or 13
indirectly cause a risk of impairment of fertility. “Fertility preservation 14
services” includes the procurement and cryopreservation of gametes, embryos, 15
and reproductive material and storage from the date of cryopreservation until 16
the individual reaches 30 years of age or for a period of five years, whichever 17
is longer. Coverage for storage may be offered for a longer period of time. 18
(4) “Fertility treatment” means procedures, products, medications, and 19
services intended to achieve a pregnancy that results in a live birth and that are 20
provided in a manner consistent with established medical practice and 21

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professional guidelines published by the American Society for Reproductive 1
Medicine, its successor organization, or a comparable organization. 2
(5) “Gamete” means a sperm or egg. 3
(6) “Health care provider” has the same meaning as in 18 V.S.A. 4
§ 9402. 5
(7) “Health insurance plan” means any individual or group health 6
insurance policy; any hospital or medical service corporation or health 7
maintenance organization subscriber contract; or any other health benefit plan 8
offered, issued, or renewed for any person in this State by a health insurer. 9
The term does not include benefit plans providing coverage for specific 10
diseases or other limited benefit coverage. 11
(8) “Health insurer” has the same meaning as in 18 V.S.A. § 9402. 12
(9) “Infertility” means any and all of the following: 13
(A) the presence of a condition recognized by a health care provider 14
as a cause of loss or impairment of fertility, based on an individual’s medical, 15
sexual, and reproductive history; age; physical findings; diagnostic testing; or a 16
combination of these; 17
(B) an individual’s inability to achieve a pregnancy after unprotected 18
sexual intercourse over a period of not more than 12 months for an intended 19
gestational parent under 35 years of age and a period of not more than six 20
months for an intended gestational parent who is 35 years of age or older; 21

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pregnancy resulting in miscarriage or stillbirth does not restart the 12-month or 1
six-month time period to qualify as having infertility if the individual and the 2
individual’s partner have the necessary gametes to achieve pregnancy; 3
(C) an individual’s inability to achieve a pregnancy as an individual 4
or with a partner because the individual or the individual and the individual’s 5
partner do not have the necessary gametes to achieve a pregnancy; or 6
(D) an individual’s increased risk, independently or with the 7
individual’s partner, of transmitting a serious, inheritable genetic or 8
chromosomal abnormality to a child. 9
(b) Required coverage. A health insurance plan shall provide coverage for 10
the following fertility-