Introduced Version
HOUSE BILL No. 1205
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-10-8; IC 27-8; IC 27-13-7.
Synopsis: Fertility insurance coverage. Requires a state employee
health plan, a policy of accident and sickness insurance, and a health
maintenance organization contract to provide coverage for fertility
preservation services. Requires a state employee health plan, a policy
of accident and sickness insurance, and a health maintenance
organization contract to provide coverage for fertility treatment if
certain conditions are satisfied.
Effective: July 1, 2025.
Bauer M
January 8, 2025, read first time and referred to Committee on Insurance.
2025 IN 1205—LS 6448/DI 154 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1205
A BILL FOR AN ACT to amend the Indiana Code concerning
insurance.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-10-8-27 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 27. (a) This section applies to a state employee health
4 plan that is established, entered into, amended, or renewed after
5 June 30, 2025.
6 (b) As used in this section, "covered individual" means an
7 individual entitled to coverage under a state employee health plan.
8 (c) As used in this section, "fertility preservation services"
9 means procedures, products, medications, and services that are:
10 (1) intended to preserve fertility for an individual who is
11 expected to undergo medical treatment that may directly or
12 indirectly cause a risk of impairment of fertility; and
13 (2) consistent with established medical practice and
14 professional guidelines.
15 (d) As used in this section, "state employee health plan" means
16 the following:
17 (1) A self-insurance program established under section 7(b) of
2025 IN 1205—LS 6448/DI 154 2
1 this chapter.
2 (2) A contract for prepaid health care services entered into
3 under section 7(c) of this chapter.
4 (e) A state employee health plan must provide coverage for
5 fertility preservation services for a covered individual.
6 SECTION 2. IC 5-10-8-28 IS ADDED TO THE INDIANA CODE
7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
8 1, 2025]: Sec. 28. (a) This section applies to a state employee health
9 plan that is established, entered into, amended, or renewed after
10 June 30, 2025.
11 (b) As used in this section, "covered individual" means an
12 individual entitled to coverage under a state employee health plan.
13 (c) As used in this section, "fertility patient" means:
14 (1) an individual or couple with infertility;
15 (2) an individual or couple who is at increased risk of
16 transmitting a serious inheritable genetic or chromosomal
17 abnormality to a child; or
18 (3) an individual unable to conceive as an individual or with
19 a partner because the individual or couple does not have the
20 necessary gametes for conception.
21 (d) As used in this section, "fertility treatment" means
22 procedures, products, medications, and services, including in vitro
23 fertilization, that are:
24 (1) intended to achieve pregnancy that results in a live birth
25 with healthy outcomes; and
26 (2) provided in a manner consistent with established medical
27 practice and professional guidelines.
28 (e) As used in this section, "infertility" means:
29 (1) the presence of a condition or factor, including an
30 individual's age, that causes the loss or impairment of
31 fertility; or
32 (2) a couple's inability to achieve pregnancy after twelve (12)
33 months of unprotected intercourse when the couple has the
34 necessary gametes for conception, including the loss of a
35 pregnancy occurring within that twelve (12) month period.
36 (f) As used in this section, "state employee health plan" means
37 the following:
38 (1) A self-insurance program established under section 7(b) of
39 this chapter.
40 (2) A contract for prepaid health care services entered into
41 under section 7(c) of this chapter.
42 (g) A state employee health plan must provide coverage for
2025 IN 1205—LS 6448/DI 154 3
1 fertility treatment if the covered individual is a fertility patient.
2 SECTION 3. IC 27-8-40 IS ADDED TO THE INDIANA CODE AS
3 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
4 1, 2025]:
5 Chapter 40. Coverage for Fertility Preservation Services
6 Sec. 1. This chapter applies to a policy of accident and sickness
7 insurance that is issued, delivered, amended, or renewed after June
8 30, 2025.
9 Sec. 2. As used in this chapter, "fertility preservation services"
10 means procedures, products, medications, and services that are:
11 (1) intended to preserve fertility for an individual who is
12 expected to undergo medical treatment that may directly or
13 indirectly cause a risk of impairment of fertility; and
14 (2) consistent with established medical practice and
15 professional guidelines.
16 Sec. 3. As used in this chapter, "insured" means an individual
17 entitled to coverage under a policy of accident and sickness
18 insurance.
19 Sec. 4. As used in this chapter, "policy of accident and sickness
20 insurance" has the meaning set forth in IC 27-8-5-1.
21 Sec. 5. A policy of accident and sickness insurance must provide
22 coverage for fertility preservation services for an insured.
23 SECTION 4. IC 27-8-41 IS ADDED TO THE INDIANA CODE AS
24 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
25 1, 2025]:
26 Chapter 41. Coverage for Fertility Treatment
27 Sec. 1. This chapter applies to a policy of accident and sickness
28 insurance that is established, entered into, amended, or renewed
29 after June 30, 2025.
30 Sec. 2. As used in this chapter, "fertility patient" means:
31 (1) an individual or couple with infertility;
32 (2) an individual or couple who is at increased risk of
33 transmitting a serious inheritable genetic or chromosomal
34 abnormality to a child; or
35 (3) an individual unable to conceive as an individual or with
36 a partner because the individual or couple does not have the
37 necessary gametes for conception.
38 Sec. 3. As used in this chapter, "fertility treatment" means
39 procedures, products, medications, and services, including in vitro
40 fertilization, that are:
41 (1) intended to achieve pregnancy that results in a live birth
42 with healthy outcomes; and
2025 IN 1205—LS 6448/DI 154 4
1 (2) provided in a manner consistent with established medical
2 practice and professional guidelines.
3 Sec. 4. As used in this chapter, "infertility" means:
4 (1) the presence of a condition or factor, including an
5 individual's age, that causes the loss or impairment of
6 fertility; or
7 (2) a couple's inability to achieve pregnancy after twelve (12)
8 months of unprotected intercourse when the couple has the
9 necessary gametes for conception, including the loss of a
10 pregnancy occurring within that twelve (12) month period.
11 Sec. 5. As used in this chapter, "insured" means an individual
12 entitled to coverage under a policy of accident and sickness
13 insurance.
14 Sec. 6. As used in this chapter, "policy of accident and sickness
15 insurance" has the meaning set forth in IC 27-8-5-1.
16 Sec. 7. A policy of accident and sickness insurance must provide
17 coverage for fertility treatment if the insured is a fertility patient.
18 SECTION 5. IC 27-13-7-29 IS ADDED TO THE INDIANA CODE
19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
20 1, 2025]: Sec. 29. (a) This section applies to an individual contract
21 and a group contract that is entered into, delivered, amended, or
22 renewed after June 30, 2025.
23 (b) As used in this section, "fertility preservation services"
24 means procedures, products, medications, and services that are:
25 (1) intended to preserve fertility for an individual who is
26 expected to undergo medical treatment that may directly or
27 indirectly cause a risk of impairment of fertility; and
28 (2) consistent with established medical practice and
29 professional guidelines.
30 (c) An individual contract or a group contract must provide
31 coverage for fertility preservation services.
32 SECTION 6. IC 27-13-7-30 IS ADDED TO THE INDIANA CODE
33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
34 1, 2025]: Sec. 30. (a) This section applies to an individual contract
35 and a group contract that is entered into, delivered, amended, or
36 renewed after June 30, 2025.
37 (b) As used in this section, "fertility patient" means:
38 (1) an individual or couple with infertility;
39 (2) an individual or couple who is at increased risk of
40 transmitting a serious inheritable genetic or chromosomal
41 abnormality to a child; or
42 (3) an individual unable to conceive as an individual or with
2025 IN 1205—LS 6448/DI 154 5
1 a partner because the individual or couple does not have the
2 necessary gametes for conception.
3 (c) As used in this section, "fertility treatment" means
4 procedures, products, medications, and services, including in vitro
5 fertilization, that are:
6 (1) intended to achieve pregnancy that results in a live birth
7 with healthy outcomes; and
8 (2) provided in a manner consistent with established medical
9 practice and professional guidelines.
10 (d) As used in this section, "infertility" means:
11 (1) the presence of a condition or factor, including an
12 individual's age, that causes the loss or impairment of
13 fertility; or
14 (2) a couple's inability to achieve pregnancy after twelve (12)
15 months of unprotected intercourse when the couple has the
16 necessary gametes for conception, including the loss of a
17 pregnancy occurring within that twelve (12) month period.
18 (e) An individual or group contract must provide coverage for
19 fertility treatment if the enrollee is a fertility patient.
2025 IN 1205—LS 6448/DI 154