Requires certain insurance policies to provide coverage for fertility preservation services, including anticipated iatrogenic infertility.
Summary
S04497 would amend New York insurance law to require certain health insurance policies to cover standard fertility preservation services when a medical treatment may directly or indirectly cause iatrogenic infertility. The bill applies to group policies, nonprofit health plans, and individual comprehensive medical policies, and it keeps existing cost-sharing rules in place by allowing deductibles, coinsurance, and copayments consistent with other covered benefits.
The bill also expands the anti-discrimination language in the affected insurance provisions. Insurers would be prohibited from denying or limiting coverage based on expected length of life, disability, medical dependency, perceived quality of life, other health conditions, or personal characteristics such as age, sex, sexual orientation, marital status, or gender identity, and the bill specifically adds anticipated iatrogenic infertility to that list. It defines iatrogenic infertility as fertility impairment caused by surgery, radiation, chemotherapy, or other treatment affecting reproductive organs or processes.
Impact
The bill would amend sections 3221, 4303, and 3216 of the Insurance Law, extending and clarifying existing fertility preservation coverage requirements for certain policies in New York. Its practical effect is to make coverage more explicit for patients facing infertility as a result of medically necessary treatment, especially cancer treatment and other interventions that can harm reproductive function. Insurers subject to these provisions would need to ensure coverage language and claims handling reflect the broader trigger for fertility preservation services and the added non-discrimination protections.
Sentiment
The voting history suggests generally favorable support for the bill, with strong majorities in both Senate Rules Committee and Senate floor votes. The final passage votes were 50-11 on June 9, 2025, and 47-11 on January 27, 2026, indicating sustained backing across sessions. The absence of committee transcript material limits insight into detailed debate, but the recorded votes point to broad support with a consistent minority in opposition.
Contention
The main point of contention appears to be the scope of mandated insurance coverage and the associated cost and coverage implications for insurers and policyholders. Opponents likely object to expanding required benefits to include fertility preservation in a wider set of circumstances, while supporters appear focused on protecting patients whose fertility may be harmed by medically necessary treatment and on preventing discriminatory coverage decisions. The repeated 11-vote opposition in floor action suggests the bill has a stable bloc of resistance, even as it advances with clear majorities.
Requires health insurance coverage of standard fertility preservation services for individuals with certain menstrual disorders resulting in infertility.
Infertility treatment and standard fertility preservation services coverage by health plans requirement, MinnesotaCare and medical assistance coverage of infertility treatment and standard fertility preservation services requirement, and appropriation