BILL NUMBER: S3131B ____________ PURPOSE: _______ To extend health care coverage to the diagnosis and treatment of infertility. SUMMARY OF PROVISIONS: _____________________ The bill amends section 3221 of the insurance law by adding a new paragraph 13 to subsection k and amends section 4303 of the insurance law by adding a new subsection (aa) thereto in order to extend health care coverage to the diagnosis and treatment of infertility. The bill would require contracts and policies of medical insurance for physician services, hospital coverage, surgical coverage, and major medical or similar comprehensive type coverage to include coverage for the diagnosis and treatment of medical conditions which result in infertility. Such coverage is subject to annual copayments, coinsurance and deductibles, which the contracts or policies provide for other diseases. This bill established a $60,000 lifetime limit on benefits. Prescription drugs, however, are not subject to the lifetime cap. The bill requires that a person be insured for 12 months before accessing infertility coverage. Certain procedures, such as reversal of sterilization, reversal of sex change operations, cloning or sperm or egg retrieval from deceased individuals, are not covered under the bill. The use of sperm or eggs from deceased individuals is covered, however, but only if the deceased provided prior written authorization. This bill also requires the Superintendent of Insurance to order a study of the utilization trends and experience and the rate and premium impact to health insurance consumers. The study is required to be performed by a member of the American Academy of Actuaries. The bill requires that the study be completed and a report submitted to the Governor, the Temporary President of the Senate and the Speaker of the Assembly by March 1, 2002. EXISTING LAW: ____________ Existing law provides that coverage may not be denied for diagnosis and treatment of medical conditions otherwise covered by the policy or contract solely because the medical condition resulted in fertility. JUSTIFICATION: _____________ The desire to reproduce is one the strongest human drives, second only to survival itself. For many years, however, people have been confronted with the heartbreak that they were unable to conceive children. Medical science has advanced to a point where treatment is available to increase fertility and through assisted reproduction technologies, such as in vitro fertilization, embryo transfer and other procedures, many people are now able to fulfill that dream. Childbirth and family are among the most basic of human needs and rights; monetary costs should not be the determining factor in achieving their fulfillment. LEGISLATIVE HISTORY: ___________________ New bill. FISCAL IMPLICATIONS: ___________________ None to State. LOCAL FISCAL IMPLICATIONS: _________________________ EFFECTIVE DATE: ______________ This act shall take effect July 1, 2000 and shall expire and be deemed repealed July 1, 2002. This act shall apply to all policies and contracts issued, renewed, altered or modified on any date during the period which the provisions of this act are in effect. Any rules or regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such effective date. .