Budget Amendment ID: FY2027-S4-513
EHS 513
Improving Access to Infertility Treatment
Ms. Creem, Mr. Cyr and Ms. Rausch moved that the proposed new text be amended by adding the following three sections:-
"SECTION X. Section 47H of chapter 175 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out the final two sentences and inserting in place thereof the following:-
For purposes of this section, “infertility” means a condition or status characterized by any of the following:
(1) A licensed physician’s findings, based on: a patient’s medical, sexual, and reproductive history; age; physical findings; diagnostic testing; or any combination of those factors. This definition shall not prevent testing and diagnosis of infertility to establish infertility with or without appropriate exposure to gametes, per the patient’s provider.
(2) The need for medical intervention, including, but not limited to, the use of donor gametes, donor embryos, or a gestational carrier to achieve a live birth either as an individual or with a partner.
(3) The failure to establish a pregnancy or to carry a pregnancy to live birth after unprotected sexual intercourse. For purposes of this section, “unprotected sexual intercourse” means no more than 12 months of unprotected sexual intercourse for a person under 35 years of age or no more than 6 months of unprotected sexual intercourse for a person 35 years of age or older. Pregnancy that does not result in a live birth will not restart the 12-month or 6-month time period to qualify as having infertility.
(4) An impairment of reproductive ability due to factors including, but not limited to, medical condition, male factor, female factor, combined or unexplained reproductive challenges, genetic disorders, or iatrogenic infertility.
SECTION X. Section 8K of chapter 176A of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out the final two sentences and inserting in place thereof the following:-
For purposes of this section, “infertility” means a condition or status characterized by any of the following:
(1) A licensed physician’s findings, based on: a patient’s medical, sexual, and reproductive history; age; physical findings; diagnostic testing; or any combination of those factors. This definition shall not prevent testing and diagnosis of infertility to establish infertility with or without appropriate exposure to gametes, per the patient’s provider.
(2) The need for medical intervention, including, but not limited to, the use of donor gametes, donor embryos, or a gestational carrier to achieve a live birth either as an individual or with a partner.
(3) The failure to establish a pregnancy or to carry a pregnancy to live birth after unprotected sexual intercourse. For purposes of this section, “unprotected sexual intercourse” means no more than 12 months of unprotected sexual intercourse for a person under 35 years of age or no more than 6 months of unprotected sexual intercourse for a person 35 years of age or older. Pregnancy that does not result in a live birth will not restart the 12-month or 6-month time period to qualify as having infertility.
(4) An impairment of reproductive ability due to factors including, but not limited to, medical condition, male factor, female factor, combined or unexplained reproductive challenges, genetic disorders, or iatrogenic infertility.
SECTION X. Section 4J of chapter 176B of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by striking out the final two sentences and inserting in place thereof the following:-
For purposes of this section, “infertility” means a condition or status characterized by any of the following:
(1) A licensed physician’s findings, based on: a patient’s medical, sexual, and reproductive history; age; physical findings; diagnostic testing; or any combination of those factors. This definition shall not prevent testing and diagnosis of infertility to establish infertility with or without appropriate exposure to gametes, per the patient’s provider.
(2) The need for medical intervention, including, but not limited to, the use of donor gametes, donor embryos, or a gestational carrier to achieve a live birth either as an individual or with a partner.
(3) The failure to establish a pregnancy or to carry a pregnancy to live birth after unprotected sexual intercourse. For purposes of this section, “unprotected sexual intercourse” means no more than 12 months of unprotected sexual intercourse for a person under 35 years of age or no more than 6 months of unprotected sexual intercourse for a person 35 years of age or older. Pregnancy that does not result in a live birth will not restart the 12-month or 6-month time period to qualify as having infertility.
(4) An impairment of reproductive ability due to factors including, but not limited to, medical condition, male factor, female factor, combined or unexplained reproductive challenges, genetic disorders, or iatrogenic infertility."