<p class=ldtitle>A BILL to amend and reenact § 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 34 of Title 38.2 a section numbered 38.2-3418.23, relating to health insurance; coverage for standard fertility preservation procedures.</p>
HB1389 would require most health insurers, health services plans, and health maintenance organizations in Virginia to cover “standard fertility preservation procedures” for people facing a medical risk of infertility. The bill defines those procedures by reference to established medical guidelines, including guidance from the American Society for Reproductive Medicine and the American Society of Clinical Oncology, and it applies to individuals with cancer, sickle cell disease, or other medical conditions, as well as people expected to undergo treatments such as surgery, radiation, chemotherapy, medication therapy, or other care known to threaten fertility.
The bill also specifies that this fertility preservation coverage must be treated like coverage for other illnesses for purposes of deductibles, copayments, coinsurance, and benefit limits, meaning insurers could not impose more restrictive cost-sharing or separate limits solely for these services. The mandate would apply to policies and plans delivered, issued for delivery, or renewed in Virginia on and after January 1, 2027, while excluding certain products such as short-term travel, accident-only, limited or specified disease policies, Medicare-related plans, and short-term nonrenewable policies of six months or less.
If enacted, HB1389 would add a new mandated health insurance benefit in Title 38.2 and cross-reference it in the HMO statutory construction section so that the requirement applies across insurers, subscription contracts, and health maintenance organizations. It would expand state insurance law by requiring coverage for fertility preservation services tied to medically necessary treatment that may impair fertility, and it would limit insurers’ ability to design separate deductibles, caps, or other restrictions for those services. The bill would affect individual and group health coverage in Virginia beginning with policies renewed or issued on or after January 1, 2027.
The available voting history suggests limited opposition at the subcommittee level, with a 9-0 recommendation to strike from the docket, which indicates the bill did not advance out of that stage. There are no committee transcript excerpts provided, so the record here does not show detailed debate or public arguments. Overall, the bill appears to have been treated as a health coverage mandate with some support in concept, but not enough momentum to move forward in committee.
The main likely point of contention is the insurance mandate itself: requiring carriers to cover fertility preservation procedures could raise concerns about premium impact, administrative complexity, and the scope of covered services. Another possible issue is the breadth of the definition, which extends beyond cancer to other conditions and treatments that may affect fertility, potentially increasing the number of eligible claims. Supporters would likely emphasize access to medically necessary fertility preservation for patients facing infertility risk from treatment, while opponents or skeptics would focus on cost, mandate expansion, and whether the benefit should be required by statute rather than left to plan design.