HOUSE DOCKET, NO. 4020        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1029

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kenneth I. Gordon

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to infertility insurance coverage.

_______________

PETITION OF:

HOUSE DOCKET, NO. 4020        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1029

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1104 OF 2021-2022.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

An Act relative to infertility insurance coverage.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 46 of the General Laws is hereby amended by striking out section 4B, as appearing in the 2020 Official Edition, and inserting in place thereof the following section:-

Section 4B. Any child born to a married individual as a result of artificial insemination with the consent of their spouse shall be considered the legitimate child of the parent and such spouse.

SECTION 2. Section 47H of chapter 175 of the General Laws, as so appearing, is hereby amended by striking out the last 2 sentences and inserting in place thereof the following 3 sentences:- For purposes of this section, “infertility” shall mean (i) the condition of an individual who is unable to conceive or produce conception during a period of 1 year if the individual is age 35 or younger or during a period of 6 months if the individual is over the age of 35; (ii) the condition of an individual who is unable to conceive after 12 failed attempts of intrauterine insemination under medical supervision if the individual is age 35 or younger or after 6 failed attempts of intrauterine insemination under medical supervision if the individual is over the age of 35; or (iii) the presence of a demonstrated condition recognized by a licensed physician and surgeon as a cause of infertility. For purposes of meeting the criteria for infertility in this section, if a person conceives but is unable to carry that pregnancy to live birth, the period of time they attempted to conceive prior to achieving pregnancy shall be included in the calculation of the 1 year or 6 month period, as applicable.

No insurer providing coverage pursuant to this section shall discriminate based on an individual’s expected length of life, present or predicted disability, degree of medical dependency, perceived quality of life, or other health conditions, nor on the basis of age, race, color, religious creed, national origin, sex, sexual orientation, marital status or gender identity.

SECTION 3. Section 8K of chapter 176A of the General Laws, as so appearing, is hereby amended by striking out the last 2 sentences and inserting in place thereof the following 3 sentences:- For purposes of this section, “infertility” shall mean (i) the condition of an individual who is unable to conceive or produce conception during a period of 1 year if the individual is age 35 or younger or during a period of 6 months if the individual is over the age of 35; (ii) the condition of an individual who is unable to conceive after 12 failed attempts of intrauterine insemination under medical supervision if the individual is age 35 or younger or after 6 failed attempts of intrauterine insemination under medical supervision if the individual is over the age of 35; or (iii) the presence of a demonstrated condition recognized by a licensed physician and surgeon as a cause of infertility. For purposes of meeting the criteria for infertility in this section, if a person conceives but is unable to carry that pregnancy to live birth, the period of time they attempted to conceive prior to achieving pregnancy shall be included in the calculation of the 1 year or 6 month period, as applicable.

No contract providing coverage pursuant to this section shall discriminate based on an individual’s expected length of life, present or predicted disability, degree of medical dependency, perceived quality of life, or other health conditions, nor on the basis of age, race, color, religious creed, national origin, sex, sexual orientation, marital status or gender identity.

SECTION 4. Section 4J of chapter 176B of the General Laws, as so appearing, is hereby amended by striking out the last 2 sentences and inserting in place thereof the following 3 sentences:- For purposes of this section, “infertility” shall mean (i) the condition of an individual who is unable to conceive or produce conception during a period of 1 year if the individual is age 35 or younger or during a period of 6 months if the individual is over the age of 35; (ii) the condition of an individual who is unable to conceive after 12 failed attempts of intrauterine insemination under medical supervision if the individual is age 35 or younger or after 6 failed attempts of intrauterine insemination under medical supervision if the individual is over the age of 35; or (iii) the presence of a demonstrated condition recognized by a licensed physician and surgeon as a cause of infertility. For purposes of meeting the criteria for infertility in this section, if a person conceives but is unable to carry that pregnancy to live birth, the period of time they attempted to conceive prior to achieving pregnancy shall be included in the calculation of the 1 year or 6 month period, as applicable.

No subscription certificate providing coverage pursuant to this section shall discriminate based on an individual’s expected length of life, present or predicted disability, degree of medical dependency, perceived quality of life, or other health conditions, nor on the basis of age, race, color, religious creed, national origin, sex, sexual orientation, marital status or gender identity.