New York 2025-2026 Regular Session

New York Assembly Bill A07891

Introduced
4/11/25  
Refer
4/11/25  

Caption

Removes restrictions of three-cycle coverage for in vitro fertilization; mandates individual insurance coverage of in vitro.

Summary

This bill expands New York health insurance coverage for infertility treatment, with a particular focus on in vitro fertilization (IVF). It removes the existing statutory limit that required large-group policies and contracts to cover only three IVF cycles, replacing that language with a broader mandate that large-group coverage provide IVF coverage for the treatment of infertility, subject to the same kinds of deductibles, coinsurance, and copayments that apply to other benefits in the policy. The bill also revises the state’s infertility coverage provisions to clarify and broaden what must be covered in connection with diagnosis and treatment of infertility. It requires coverage for medically necessary diagnostic tests and procedures, surgical or medical procedures that correct malformation, disease, or dysfunction causing infertility, and FDA-approved prescription drugs used to diagnose or treat infertility. It retains and updates rules on fertility preservation when medical treatment may cause iatrogenic infertility, and it preserves the existing prohibition on discrimination in infertility coverage based on age, sex, sexual orientation, marital status, gender identity, disability, or other health conditions. The bill applies to policies and contracts issued, renewed, modified, altered, or amended on or after its effective date. In practical terms, the bill would amend multiple sections of the Insurance Law, including provisions governing large group policies, large group contracts, and individual policies. It would affect insurers offering hospital, medical, major medical, and prescription drug coverage in New York by requiring broader infertility-related benefits and by aligning coverage rules with current medical standards and guidelines from professional organizations such as the American College of Obstetricians and Gynecologists and the American Society for Reproductive Medicine. The overall sentiment reflected in the bill text and caption is supportive of expanding access to fertility care and reducing coverage restrictions. There is no recorded committee transcript or vote history in the provided materials, so no formal opposition or debate is documented here. The main policy tension apparent from the text is cost and coverage design: the bill still allows deductibles and coinsurance, and it preserves an exception for collective bargaining agreements, indicating an effort to expand benefits while limiting disruption to existing negotiated plans. Notable points of contention, based on the statutory changes themselves, are likely to include the removal of the three-cycle cap, the breadth of required infertility services, and the impact on premiums or plan costs. The bill also maintains exclusions for certain categories such as elective sterilization reversal, sex change procedures, cloning, and experimental treatments, which suggests the legislature is expanding IVF access while still drawing boundaries around what infertility-related care must be covered.

Impact

The bill would amend the Insurance Law to broaden mandated infertility coverage in New York, especially by eliminating the three-cycle limit for IVF in large-group coverage and by strengthening requirements for diagnostic, surgical, medical, and prescription-drug coverage related to infertility. It would also update definitions of infertility and iatrogenic infertility, require fertility preservation coverage in certain cases, and preserve anti-discrimination protections in insurance coverage. Insurers, large-group policyholders, and covered individuals seeking infertility treatment would be directly affected, and the changes would apply prospectively to policies and contracts issued or renewed after the effective date.

Sentiment

The available materials suggest a generally favorable or pro-expansion sentiment toward fertility coverage. The bill’s purpose is to increase access to IVF and related infertility services, and the caption frames it as removing restrictions rather than adding new limitations. Because there are no committee transcripts or recorded votes provided, there is no documented floor or committee opposition in the supplied record, though the statutory structure indicates the legislature is balancing expanded coverage with cost-sharing and collective bargaining protections.

Contention

The main likely points of contention are the removal of the three-cycle IVF cap, the potential cost impact on insurers and premiums, and the scope of mandated infertility benefits. Employers and insurers may be concerned about broader utilization and plan costs, while advocates for patients and fertility access would favor the expanded mandate. The bill also preserves exclusions for certain procedures and experimental treatments, which may be acceptable to some stakeholders but could be viewed as too narrow by others seeking broader reproductive health coverage. The collective bargaining agreement carveout may also be a point of interest for labor and employer groups.

Companion Bills

NY S02619

Same As Removes restrictions of three-cycle coverage for in vitro fertilization; mandates individual insurance coverage of in vitro.

Previously Filed As

NY S02619

Removes restrictions of three-cycle coverage for in vitro fertilization; mandates individual insurance coverage of in vitro.

NY A08349

Relates to health insurance coverage for in vitro fertilization.

NY S728

Relative to step therapy and in vitro fertilization insurance coverage

NY HB1014

To Require Coverage Of In Vitro Fertilization Under The State And Public School Life And Health Insurance Program.

NY LB233

Require coverage for in vitro fertilization for state employees under the Nebraska State Insurance Program

NY S1770

Requires health insurance coverage of preimplantation genetic testing with in vitro fertilization under certain conditions.

NY S05734

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.

NY A07175

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.

NY HB1207

Relating to conditions applicable to health benefit plan coverage of in vitro fertilization procedures.

NY SB833

Relating to conditions applicable to health benefit plan coverage of in vitro fertilization procedures.

Similar Bills

No similar bills found.