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General Assembly Substitute Bill No. 1039
January Session, 2023
AN ACT CONCERNING THE INSURANCE DEPARTMENT'S
RECOMMENDATIONS REGARDING FINANCIAL REGULATION, LIFE
INSURANCE AND INSURANCE LICENSING REQUIREMENTS AND
TECHNICAL CORRECTIONS TO THE LIFE AND HEALTH INSURANCE
STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 38a-11 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2023): 2
(a) The commissioner shall demand and receive the following fees: 3
(1) For the annual fee for each license issued to a domestic insurance 4
company, two hundred dollars; (2) for receiving and filing annual 5
reports of domestic insurance companies, fifty dollars; (3) for filing all 6
documents prerequisite to the issuance of a license to an insurance 7
company, two hundred twenty dollars, except that the fee for such 8
filings by any health care center, as defined in section 38a-175, shall be 9
one thousand three hundred fifty dollars; (4) for filing any additional 10
paper required by law, thirty dollars; (5) for each certificate of valuation, 11
organization, reciprocity or compliance, forty dollars; (6) for each 12
certified copy of a license to a company, forty dollars; (7) for each 13
certified copy of a report or certificate of condition of a company to be 14
filed in any other state, forty dollars; (8) for amending a certificate of 15
authority, two hundred dollars; (9) for each license issued to a rating 16 Substitute Bill No. 1039
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organization, two hundred dollars. In addition, insurance companies 17
shall pay any fees imposed under section 12-211; (10) a filing fee of fifty 18
dollars for each initial application for a license made pursuant to section 19
38a-769, as amended by this act; (11) with respect to insurance agents' 20
appointments: (A) A filing fee of fifty dollars for each request for any 21
agent appointment, except that no filing fee shall be payable for a 22
request for agent appointment by an insurance company domiciled in a 23
state or foreign country which does not require any filing fee for a 24
request for agent appointment for a Connecticut insurance company; (B) 25
a fee of one hundred dollars for each appointment issued to an agent of 26
a domestic insurance company or for each appointment continued; and 27
(C) a fee of eighty dollars for each appointment issued to an agent of any 28
other insurance company or for each appointment continued, except 29
that (i) no fee shall be payable for an appointment issued to an agent of 30
an insurance company domiciled in a state or foreign country which 31
does not require any fee for an appointment issued to an agent of a 32
Connecticut insurance company, and (ii) the fee shall be twenty dollars 33
for each appointment issued or continued to an agent of an insurance 34
company domiciled in a state or foreign country with a premium tax 35
rate below Connecticut's premium tax rate; (12) with respect to 36
insurance producers: (A) An examination fee of fifteen dollars for each 37
examination taken, except when a testing service is used, the testing 38
service shall pay a fee of fifteen dollars to the commissioner for each 39
examination taken by an applicant; (B) a fee of eighty dollars for each 40
license issued; (C) a fee of eighty dollars per year, or any portion thereof, 41
for each license renewed; and (D) a fee of eighty dollars for any license 42
renewed under the transitional process established in section 38a-784; 43
(13) with respect to public adjusters: (A) An examination fee of fifteen 44
dollars for each examination taken, except when a testing service is 45
used, the testing service shall pay a fee of fifteen dollars to the 46
commissioner for each examination taken by an applicant; and (B) a fee 47
of two hundred fifty dollars for each license issued or renewed; (14) with 48
respect to casualty claims adjusters: (A) An examination fee of twenty 49
dollars for each examination taken, except when a testing service is 50
used, the testing service shall pay a fee of twenty dollars to the 51 Substitute Bill No. 1039
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commissioner for each examination taken by an applicant; (B) a fee of 52
eighty dollars for each license issued or renewed; and (C) the expense of 53
any examination administered outside the state shall be the 54
responsibility of the entity making the request and such entity shall pay 55
to the commissioner two hundred dollars for such examination and the 56
actual traveling expenses of the examination administrator to 57
administer such examination; (15) with respect to motor vehicle 58
physical damage appraisers: (A) An examination fee of eighty dollars 59
for each examination taken, except when a testing service is used, the 60
testing service shall pay a fee of eighty dollars to the commissioner for 61
each examination taken by an applicant; (B) a fee of eighty dollars for 62
each license issued or renewed; and (C) the expense of any examination 63
administered outside the state shall be the responsibility of the entity 64
making the request and such entity shall pay to the commissioner two 65
hundred dollars for such examination and the actual traveling expenses 66
of the examination administrator to administer such examination; (16) 67
with respect to certified insurance consultants: (A) An examination fee 68
of twenty-six dollars for each examination taken, except when a testing 69
service is used, the testing service shall pay a fee of twenty-six dollars to 70
the commissioner for each examination taken by an applicant; (B) a fee 71
of two hundred fifty dollars for each license issued; and (C) a fee of two 72
hundred fifty dollars for each license renewed; (17) with respect to 73
surplus lines brokers: (A) An examination fee of twenty dollars for each 74
examination taken, except when a testing service is used, the testing 75
service shall pay a fee of twenty dollars to the commissioner for each 76
examination taken by an applicant; and (B) a fee of six hundred twenty-77
five dollars for each license issued or renewed; (18) with respect to 78
fraternal agents, a fee of eighty dollars for each license issued or 79
renewed; (19) a fee of twenty-six dollars for each license certificate 80
requested, whether or not a license has been issued; (20) with respect to 81
domestic and foreign benefit societies shall pay: (A) For service of 82
process, fifty dollars for each person or insurer to be served; (B) for filing 83
a certified copy of its charter or articles of association, fifteen dollars; (C) 84
for filing an annual statement or report, twenty dollars; and (D) for filing 85
any additional paper required by law, fifteen dollars; (21) with respect 86 Substitute Bill No. 1039
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to foreign benefit societies: (A) For each certificate of organization or 87
compliance, fifteen dollars; (B) for each certified copy of permit, fifteen 88
dollars; and (C) for each copy of a report or certificate of condition of a 89
society to be filed in any other state, fifteen dollars; (22) with respect to 90
reinsurance intermediaries, a fee of six hundred twenty-five dollars for 91
each license issued or renewed; (23) with respect to life settlement 92
providers: (A) A filing fee of twenty-six dollars for each initial 93
application for a license made pursuant to section 38a-465a; and (B) a 94
fee of forty dollars for each license issued or renewed; (24) with respect 95
to life settlement brokers: (A) A filing fee of twenty-six dollars for each 96
initial application for a license made pursuant to section 38a-465a; and 97
(B) a fee of forty dollars for each license issued or renewed; (25) with 98
respect to preferred provider networks, a fee of two thousand seven 99
hundred fifty dollars for each license issued or renewed; (26) with 100
respect to rental companies, as defined in section 38a-799, a fee of eighty 101
dollars for each permit issued or renewed; (27) with respect to medical 102
discount plan organizations licensed under section 38a-479rr, a fee of six 103
hundred twenty-five dollars for each license issued or renewed; (28) 104
with respect to pharmacy benefits managers, an application fee of one 105
hundred dollars for each registration issued or renewed; (29) with 106
respect to captive insurance companies, as defined in section 38a-91aa, 107
a fee of three hundred seventy-five dollars for each license issued or 108
renewed; (30) with respect to each duplicate license issued a fee of fifty 109
dollars for each license issued; (31) with respect to surety bail bond 110
agents, as defined in section 38a-660, (A) a filing fee of one hundred fifty 111
dollars for each initial application for a license, and (B) a fee of one 112
hundred dollars for each license issued or renewed; (32) with respect to 113
third-party administrators, as defined in section 38a-720, (A) a fee of five 114
hundred dollars for each license issued, and (B) a fee of four hundred 115
fifty dollars for each license renewed; (33) with respect to portable 116
electronics insurance licenses under section 38a-397, (A) a filing fee of 117
one hundred dollars for each initial application for a license, (B) a fee of 118
five hundred dollars for each license issued, and (C) a fee of four 119
hundred fifty dollars for each license renewed; [and] (34) with respect 120
to limited lines travel insurance producer licenses under section 38a-398, 121 Substitute Bill No. 1039
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(A) a filing fee of one hundred dollars for each initial application for a 122
license, (B) a fee of six hundred fifty dollars for each license issued, and 123
(C) a fee of six hundred fifty dollars for each license renewed; (35) with 124
respect to certified reinsurers, as certified by the commissioner pursuant 125
to section 38a-88-4a of the regulations of Connecticut state agencies, a 126
fee of two thousand dollars for each certificate issued and renewed; and 127
(36) with respect to reciprocal jurisdiction reinsurers, as defined in 128
section 38a-88-4b of the regulations of Connecticut state agencies, a fee 129
of two thousand dollars for each certificate issued and renewed. 130
(b) If any state imposes fees upon domestic fraternal benefit societies 131
greater than are fixed by this section or sections 38a-595 to 38a-626, 132
inclusive, 38a-631 to 38a-640, inclusive, or 38a-800, the commissioner 133
shall collect from each fraternal benefit society incorporated by or 134
organized under the laws of such other state and admitted to transact 135
business in this state, the same fees as are imposed upon similar 136
domestic societies and organizations by such other state. The expense of 137
any examination or inquiry made outside the state shall be borne by the 138
society so examined. 139
(c) Each unauthorized insurer declared to be an eligible surplus lines 140
insurer shall pay to the Insurance Commissioner, on or before May first 141
of each year, an annual fee of one hundred twenty-six dollars in order 142
to remain on the list of eligible surplus lines insurers. 143
(d) For service of process on the commissioner, the commissioner 144
shall demand and receive a fee of fifty dollars for each person or insurer 145
to be served. The commissioner shall also collect, for each hospital or 146
ambulance lien filed, fifty dollars, and for each small claims notice filed, 147
fifteen dollars, each of which shall be paid by the plaintiff at the time of 148
service, the same to be recovered by him as part of the taxable costs if he 149
prevails in the suit. 150
(e) Each insurance company depositing any security with the 151
Treasurer pursuant to section 38a-83 shall pay to the commissioner three 152
hundred fifteen dollars, annually. In case of an examination or appraisal 153 Substitute Bill No. 1039
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made outside the office of the Treasurer, and in such case the company 154
in whose behalf such examination or appraisal has been made shall pay 155
to the commissioner two hundred dollars for such examination and the 156
actual traveling expenses of the officer making such examination or 157
appraisal. 158
(f) Notwithstanding any provision of the general statutes, the 159
commissioner may require that any person required by any provision 160
of this title to pay a fee to the commissioner pay such fee to the 161
commissioner by electronic means. Such person may submit a request 162
to the commissioner for an exception to the electronic fee requirement. 163
The commissioner shall grant such request for an exception, provided 164
the commissioner determines that (1) compliance with the electronic fee 165
requirement is impractical or reasonably causes such person to suffer 166
undue hardship, or (2) good cause exists to grant such requested 167
exception. 168
Sec. 2. Section 38a-769 of the general statutes is repealed and the 169
following is substituted in lieu thereof (Effective October 1, 2023): 170
(a) Any person, partnership, association or corporation that is 171
resident in this state, [or has its principal place of business in this state,] 172
or a nonresident of this state who is not licensed in any other state that 173
offers the type of license sought in this state and maintains a principal 174
place of business in this state, desiring to act within this state as a public 175
adjuster, casualty adjuster, motor vehicle physical damage appraiser, 176
certified insurance consultant, surplus lines broker or desiring to engage 177
in any insurance-related occupation for which a license is deemed 178
necessary by the commissioner, other than an occupation as an 179
insurance producer, shall make a written application to the 180
commissioner for a resident license. Any other person, partnership, 181
association or corporation desiring to so act or to engage in any 182
insurance-related occupation for which a license is deemed necessary 183
by the commissioner, other than an occupation as an insurance 184
producer, shall make a written application to the commissioner for a 185
nonresident license. [No] 186 Substitute Bill No. 1039
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(b) Except as provided in subsection (c) of this section, no application 187
for a nonresident license shall be granted unless the applicant holds an 188
equivalent license from any other state. Any application for a resident 189
or nonresident license shall be made for each name or designation under 190
which such business shall be conducted, in such form as the 191
commissioner prescribes, stating the line or lines of insurance for which 192
the applicant desires such license and any other business which the 193
applicant desires also to transact. All initial applications shall be 194
accompanied by a nonrefundable filing fee specified in section 38a-11. 195
The commissioner shall cause to be made such inquiry and examination 196
as to the qualifications of each such applicant as the commissioner 197
deems necessary. 198
(c) Any person, partnership, association or corporation residing in a 199
state that does not offer the type of license sought by such person, 200
partnership, association or corporation in this state may make a written 201
application to the commissioner for a nonresident license and designate 202
this state as such person's, association's or corporation's home state. 203
[(b)] (d) Each application for a license shall be signed by: The 204
applicant, if the application is for an individual; a licensed officer, if the 205
application is for a corporation; a licensed partner, if the application is 206
for a partnership; and a licensed principal, if the application is for any 207
other applicant. 208
[(c)] (e) Each applicant for a license shall furnish satisfactory evidence 209
to the commissioner that the applicant is a person of good moral 210
character and that the applicant is financially responsible. In order to 211
determine the trustworthiness and competency of an applicant the 212
commissioner shall subject the applicant to personal written 213
examination as to the applicant's competency to act as a licensee for each 214
line of insurance for which the applicant desires to be licensed. The 215
commissioner may, at the commissioner's discretion, designate an 216
independent testing service to prepare and administer such 217
examination, provided any examination fees charged by such service 218
shall be paid by the applicant. The commissioner shall collect the 219 Substitute Bill No. 1039
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appropriate examination fee as specified in section 38a-11, as amended 220
by this act, which shall entitle the applicant to take the examination for 221
the license desired, except that when a testing service is used, the testing 222
service shall pay such fee to the commissioner for each examination 223
taken by an applicant. In either case, each such examination shall be as 224
the commissioner prescribes and shall be of sufficient scope to test the 225
applicant's knowledge of insurance, the duties and responsibilities of a 226
licensee and the laws of this state applicable to insurance. The 227
commissioner may require a waiting period not exceeding six months, 228
before reexamining any applicant who has failed to pass any such 229
examination. 230
[(d)] (f) Upon finding that an applicant meets the licensing 231
requirements of this title and is in all respects properly qualified and 232
trustworthy and that the granting of such license is not against the 233
public interest, the commissioner may issue to such applicant the license 234
applied for, in such form as the commissioner may adopt, to act within 235
this state to the extent therein specified. 236
[(e)] (g) The commissioner may adopt regulations, in accordance with 237
chapter 54, concerning the approval of schools offering courses in 238
insurance, the content of such courses and the advertising to the public 239
of the services of these schools. 240
[(f)] (h) To further the enforcement of this section and to determine 241
the eligibility of any licensee, the commissioner may, as often as the 242
commissioner deems necessary, examine the books and records of any 243
such licensee. 244
[(g)] (i) A license may, in the discretion of the commissioner, be 245
renewed or continued upon payment of the appropriate fee as specified 246
in section 38a-11, as amended by this act, without the resubmittal of the 247
detailed information required in the original application. 248
(j) The provisions of subsections (b) to (i), inclusive, of this section 249
shall be applicable to any licensee or applicant for a license, including, 250 Substitute Bill No. 1039
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but not limited to, such licensee engaged in, or such applicant who seeks 251
to become licensed to engage in, the occupation of insurance producer. 252
Sec. 3. Section 38a-489 of the general statutes is repealed and the 253
following is substituted in lieu thereof (Effective October 1, 2023): 254
(a) Each individual health insurance policy providing coverage of the 255
type specified in subdivisions (1), (2), (4), [(6),] (10), (11) and (12) of 256
section 38a-469, delivered, issued for delivery, renewed, amended or 257
continued in this state that provides that coverage of a dependent child 258
shall terminate upon attainment of the limiting age for dependent 259
children specified in the policy shall also provide in substance that 260
attainment of the limiting age shall not operate to terminate the 261
coverage of the child if at such date the child is and continues thereafter 262
to be both (1) incapable of self-sustaining employment by reason of 263
mental or physical handicap, as certified by the child's physician, 264
physician assistant or advanced practice registered nurse on a form 265
provided by the insurer, hospital service corporation, medical service 266
corporation or health care center, and (2) chiefly dependent upon the 267
policyholder or subscriber for support and maintenance. 268
(b) Proof of the incapacity and dependency shall be furnished to the 269
insurer, hospital service corporation, medical service corporation or 270
health care center by the policyholder or subscriber within thirty-one 271
days of the child's attainment of the limiting age. The insurer, 272
corporation or health care center may at any time require proof of the 273
child's continuing incapacity and dependency. After a period of two 274
years has elapsed following the child's attainment of the limiting age the 275
insurer, corporation or health care center may require periodic proof of 276
the child's continuing incapacity and dependency but in no case more 277
frequently than once every year. 278
Sec. 4. Subsection (a) of section 38a-490 of the general statutes is 279
repealed and the following is substituted in lieu thereof (Effective October 280
1, 2023): 281 Substitute Bill No. 1039
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(a) Each individual health insurance policy delivered, issued for 282
delivery, renewed, amended or continued in this state providing 283
coverage of the type specified in subdivisions (1), (2), (4), [(6),] (10), (11) 284
and (12) of section 38a-469 for a family member of the insured or 285
subscriber shall, as to such family member's coverage, also provide that 286
the health insurance benefits applicable for children shall be payable 287
with respect to a newly born child of the insured or subscriber from the 288
moment of birth. 289
Sec. 5. Subsection (a) of section 38a-497 of the general statutes is 290
repealed and the following is substituted in lieu thereof (Effective October 291
1, 2023): 292
(a) Each individual health insurance policy providing coverage of the 293
type specified in subdivisions (1), (2), (4), [(6),] (10), (11) and (12) of 294
section 38a-469 delivered, issued for delivery, amended, renewed or 295
continued in this state shall provide that coverage of a child, stepchild 296
or other dependent child shall terminate not earlier than the policy 297
anniversary date after the date on which the child, stepchild or other 298
dependent child attains the age of twenty-six. 299
Sec. 6. Subsection (a) of section 38a-508 of the general statutes is 300
repealed and the following is substituted in lieu thereof (Effective October 301
1, 2023): 302
(a) Each individual health insurance policy providing coverage of the 303
type specified in subdivisions (1), (2), (4), [(6),] (10), (11) and (12) of 304
section 38a-469 delivered, issued for delivery, amended, renewed or 305
continued in this state shall provide coverage for a child legally placed 306
for adoption with the insured or subscriber who is an adoptive parent 307
or a prospective adoptive parent, even though the adoption has not been 308
finalized, provided the child lives in the household of such insured or 309
subscriber and the child is dependent upon such person for support and 310
maintenance. 311
Sec. 7. Subsection (a) of section 38a-512b of the general statutes is 312 Substitute Bill No. 1039
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repealed and the following is substituted in lieu thereof (Effective October 313
1, 2023): 314
(a) Each group health insurance policy providing coverage of the type 315
specified in subdivisions (1), (2), (4), [(6),] (10), (11) and (12) of section 316
38a-469 delivered, issued for delivery, amended, renewed or continued 317
in this state shall provide that coverage of a child, stepchild or other 318
dependent child shall terminate not earlier than the policy anniversary 319
date after the date on which the child, stepchild or other dependent 320
child attains the age of twenty-six. 321
Sec. 8. Subsection (a) of section 38a-515 of the general statutes is 322
repealed and the following is substituted in lieu thereof (Effective October 323
1, 2023): 324
(a) Each group health insurance policy providing coverage of the type 325
specified in subdivisions (1), (2), (4), [(6),] (11) and (12) of section 38a-326
469 delivered, issued for delivery, renewed, amended or continued in 327
this state that provides that coverage of a dependent child of an 328
employee or other member of the covered group shall terminate upon 329
attainment of the limiting age for dependent children specified in the 330
policy shall also provide in substance that attainment of the limiting age 331
shall not operate to terminate the coverage of the child if at such date 332
the child is and continues thereafter to be both (1) incapable of self-333
sustaining employment by reason of mental or physical handicap, as 334
certified by the child's physician, physician assistant or advanced 335
practice registered nurse on a form provided by the insurer, hospital 336
service corporation, medical service corporation or health care center, 337
and (2) chiefly dependent upon such employee or member for support 338
and maintenance. 339
Sec. 9. Subsection (a) of section 38a-516 of the general statutes is 340
repealed and the following is substituted in lieu thereof (Effective October 341
1, 2023): 342
(a) Each group health insurance policy delivered, issued for delivery, 343 Substitute Bill No. 1039
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renewed, amended or continued in this state providing coverage of the 344
type specified in subdivisions (1), (2), (4), [(6),] (11) and (12) of section 345
38a-469 for a family member of the insured or subscriber shall, as to such 346
family member's coverage, also provide that the health insurance 347
benefits applicable for children shall be payable with respect to a newly 348
born child of the insured or subscriber from the moment of birth. 349
Sec. 10. Subsection (a) of section 38a-549 of the general statutes is 350
repealed and the following is substituted in lieu thereof (Effective October 351
1, 2023): 352
(a) Each group health insurance policy providing coverage of the type 353
specified in subdivisions (1), (2), (4), [(6),] (10), (11) and (12) of section 354
38a-469 delivered, issued for delivery, amended, renewed or continued 355
in this state shall provide coverage for a child legally placed for 356
adoption with an employee or other member of the covered group who 357
is an adoptive parent or a prospective adoptive parent, even though the 358
adoption has not been finalized, provided the child lives in the 359
household of such employee or member and the child is dependent 360
upon such employee or member for support and maintenance. 361
Sec. 11. Section 38a-509 of the general statutes is repealed and the 362
following is substituted in lieu thereof (Effective October 1, 2023): 363
(a) Subject to the limitations set forth in subsection (b) of this section 364
and except as provided in subsection (c) of this section, each individual 365
health insurance policy providing coverage of the type specified in 366
subdivisions (1), (2), (4), (11) and (12) of section 38a-469 delivered, 367
issued for delivery, amended, renewed or continued in this state on or 368
after January 1, 2018, shall provide coverage for the medically necessary 369
expenses [of] for the diagnosis and treatment of infertility, including, 370
but not limited to, ovulation induction, intrauterine insemination, in-371
vitro fertilization, uterine embryo lavage, embryo transfer, gamete intra-372
fallopian transfer, zygote intra-fallopian transfer and low tubal ovum 373
transfer. For purposes of this section, "infertility" means the condition of 374
an individual who is unable to conceive or produce conception or 375 Substitute Bill No. 1039
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sustain a successful pregnancy during a one-year period or such 376
treatment is medically necessary. 377
(b) Such policy may: 378
[(1) Limit such coverage to an individual until the date of such 379
individual's fortieth birthday;] 380
[(2)] (1) Limit such coverage for ovulation induction to a lifetime 381
maximum benefit of four cycles; 382
[(3)] (2) Limit such coverage for intrauterine insemination to a 383
lifetime maximum benefit of three cycles; 384
[(4)] (3) Limit such coverage for lifetime benefits to a maximum of 385
two cycles, with not more than two embryo implantations per cycle, for 386
in-vitro fertilization, gamete intra-fallopian transfer, zygote intra-387
fallopian transfer or low tubal ovum transfer, provided each such 388
fertilization or transfer shall be credited toward such maximum as one 389
cycle; 390
[(5)] (4) Limit coverage for in-vitro fertilization, gamete intra-391
fallopian transfer, zygote intra-fallopian transfer and low tubal ovum 392
transfer to those individuals who have been unable to conceive or 393
produce conception or sustain a successful pregnancy through less 394
expensive and medically viable infertility treatment or procedures 395
covered under such policy. Nothing in this subdivision shall be 396
construed to deny the coverage required by this section to any 397
individual who foregoes a particular infertility treatment or procedure 398
if the individual's physician determines that such treatment or 399
procedure is likely to be unsuccessful; and 400
[(6)] (5) Require that covered infertility treatment or procedures be 401
performed at facilities that conform to the standards and guidelines 402
developed by the American Society of Reproductive Medicine or the 403
Society of Reproductive Endocrinology and Infertility. [;] 404 Substitute Bill No. 1039
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[(7) Limit coverage to individuals who have maintained coverage 405
under such policy for at least twelve months; and 406
(8) Require disclosure by the individual seeking such coverage to 407
such individual's existing health insurance carrier of any previous 408
infertility treatment or procedures for which such individual received 409
coverage under a different health insurance policy. Such disclosure shall 410
be made on a form and in the manner prescribed by the Insurance 411
Commissioner.] 412
(c) (1) Any insurance company, hospital service corporation, medical 413
service corporation or health care center may issue to a religious 414
employer an individual health insurance policy that excludes coverage 415
for methods of diagnosis and treatment of infertility that are contrary to 416
the religious employer's bona fide religious tenets. 417
(2) Upon the written request of an individual who states in writing 418
that methods of diagnosis and treatment of infertility are contrary to 419
such individual's religious or moral beliefs, any insurance company, 420
hospital service corporation, medical service corporation or health care 421
center may issue to or on behalf of the individual a policy or rider 422
thereto that excludes coverage for such methods. 423
(d) Any health insurance policy issued pursuant to subsection (c) of 424
this section shall provide written notice to each insured or prospective 425
insured that methods of diagnosis and treatment of infertility are 426
excluded from coverage pursuant to said subsection. Such notice shall 427
appear, in not less than ten-point type, in the policy, application and 428
sales brochure for such policy. 429
(e) As used in this section, "religious employer" means an employer 430
that is a "qualified church-controlled organization", as defined in 26 USC 431
3121 or a church-affiliated organization. 432
(f) Except as provided in subsections (c) to (e), inclusive, of this 433
section, no individual health insurance policy providing coverage of the 434
type specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 435 Substitute Bill No. 1039
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delivered, issued for delivery, amended, renewed or continued in this 436
state on or after January 1, 2024, may make any distinction or 437
discrimination between persons on the basis of gender identity or 438
expression, sex or age with respect to health insurance coverage for the 439
medically necessary expenses for the diagnosis and treatment of 440
infertility, except that such policy may consider age as a factor on the 441
basis of a determination of medical necessity, using professional 442
guidelines published by the American Society for Reproductive 443
Medicine, its successor organization or a comparable organization. For 444
purposes of this subsection, "gender identity or expression" has the 445
same meaning as provided in section 1-1n. 446
Sec. 12. Section 38a-536 of the general statutes is repealed and the 447
following is substituted in lieu thereof (Effective October 1, 2023): 448
(a) Subject to the limitations set forth in subsection (b) of this section 449
and except as provided in subsection (c) of this section, each group 450
health insurance policy providing coverage of the type specified in 451
subdivisions (1), (2), (4), (11) and (12) of section 38a-469 delivered, 452
issued for delivery, amended, renewed or continued in this state on or 453
after January 1, 2018, shall provide coverage for the medically necessary 454
expenses [of] for the diagnosis and treatment of infertility, including, 455
but not limited to, ovulation induction, intrauterine insemination, in-456
vitro fertilization, uterine embryo lavage, embryo transfer, gamete intra-457
fallopian transfer, zygote intra-fallopian transfer and low tubal ovum 458
transfer. For purposes of this section, "infertility" means the condition of 459
an individual who is unable to conceive or produce conception or 460
sustain a successful pregnancy during a one-year period or such 461
treatment is medically necessary. 462
(b) Such policy may: 463
[(1) Limit such coverage to an individual until the date of such 464
individual's fortieth birthday;] 465
[(2)] (1) Limit such coverage for ovulation induction to a lifetime 466 Substitute Bill No. 1039
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maximum benefit of four cycles; 467
[(3)] (2) Limit such coverage for intrauterine insemination to a 468
lifetime maximum benefit of three cycles; 469
[(4)] (3) Limit such coverage for lifetime benefits to a maximum of 470
two cycles, with not more than two embryo implantations per cycle, for 471
in-vitro fertilization, gamete intra-fallopian transfer, zygote intra-472
fallopian transfer or low tubal ovum transfer, provided each such 473
fertilization or transfer shall be credited toward such maximum as one 474
cycle; 475
[(5)] (4) Limit coverage for in-vitro fertilization, gamete intra-476
fallopian transfer, zygote intra-fallopian transfer and low tubal ovum 477
transfer to those individuals who have been unable to conceive or 478
produce conception or sustain a successful pregnancy through less 479
expensive and medically viable infertility treatment or procedures 480
covered under such policy. Nothing in this subdivision shall be 481
construed to deny the coverage required by this section to any 482
individual who foregoes a particular infertility treatment or procedure 483
if the individual's physician determines that such treatment or 484
procedure is likely to be unsuccessful; and 485
[(6)] (5) Require that covered infertility treatment or procedures be 486
performed at facilities that conform to the standards and guidelines 487
developed by the American Society of Reproductive Medicine or the 488
Society of Reproductive Endocrinology and Infertility. [;] 489
[(7) Limit coverage to individuals who have maintained coverage 490
under such policy for at least twelve months; and 491
(8) Require disclosure by the individual seeking such coverage to 492
such individual's existing health insurance carrier of any previous 493
infertility treatment or procedures for which such individual received 494
coverage under a different health insurance policy. Such disclosure shall 495
be made on a form and in the manner prescribed by the Insurance 496
Commissioner.] 497 Substitute Bill No. 1039
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(c) (1) Any insurance company, hospital service corporation, medical 498
service corporation or health care center may issue to a religious 499
employer a group health insurance policy that excludes coverage for 500
methods of diagnosis and treatment of infertility that are contrary to the 501
religious employer's bona fide religious tenets. 502
(2) Upon the written request of an individual who states in writing 503
that methods of diagnosis and treatment of infertility are contrary to 504
such individual's religious or moral beliefs, any insurance company, 505
hospital service corporation, medical service corporation or health care 506
center may issue to or on behalf of the individual a policy or rider 507
thereto that excludes coverage for such methods. 508
(d) Any health insurance policy issued pursuant to subsection (c) of 509
this section shall provide written notice to each insured or prospective 510
insured that methods of diagnosis and treatment of infertility are 511
excluded from coverage pursuant to said subsection. Such notice shall 512
appear, in not less than ten-point type, in the policy, application and 513
sales brochure for such policy. 514
(e) As used in this section, "religious employer" means an employer 515
that is a "qualified church-controlled organization", as defined in 26 USC 516
3121 or a church-affiliated organization. 517
(f) Except as provided in subsections (c) to (e), inclusive, of this 518
section, no group health insurance policy providing coverage of the type 519
specified in subdivisions (1), (2), (4), (11) and (12) of section 38a-469 520
delivered, issued for delivery, amended, renewed or continued in this 521
state on or after January 1, 2024, may make any distinction or 522
discrimination between persons on the basis of gender identity or 523
expression, sex or age with respect to health insurance coverage for the 524
medically necessary expenses for the diagnosis and treatment of 525
infertility, except that such policy may consider age as a factor on the 526
basis of a determination of medical necessity, using professional 527
guidelines published by the American Society for Reproductive 528
Medicine, its successor organization or a comparable organization. For 529 Substitute Bill No. 1039
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purposes of this subsection, "gender identity or expression" has the 530
same meaning as provided in section 1-1n. 531
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023 38a-11
Sec. 2 October 1, 2023 38a-769
Sec. 3 October 1, 2023 38a-489
Sec. 4 October 1, 2023 38a-490(a)
Sec. 5 October 1, 2023 38a-497(a)
Sec. 6 October 1, 2023 38a-508(a)
Sec. 7 October 1, 2023 38a-512b(a)
Sec. 8 October 1, 2023 38a-515(a)
Sec. 9 October 1, 2023 38a-516(a)
Sec. 10 October 1, 2023 38a-549(a)
Sec. 11 October 1, 2023 38a-509
Sec. 12 October 1, 2023 38a-536
Statement of Legislative Commissioners:
In Section 1(f), "to" before "pay such fee" was deleted for clarity.
INS Joint Favorable Subst.