1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | HOUSE BILL No. 1205 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 5-10-8; IC 27-8; IC 27-13-7. |
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7 | 7 | | Synopsis: Fertility insurance coverage. Requires a state employee |
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8 | 8 | | health plan, a policy of accident and sickness insurance, and a health |
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9 | 9 | | maintenance organization contract to provide coverage for fertility |
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10 | 10 | | preservation services. Requires a state employee health plan, a policy |
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11 | 11 | | of accident and sickness insurance, and a health maintenance |
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12 | 12 | | organization contract to provide coverage for fertility treatment if |
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13 | 13 | | certain conditions are satisfied. |
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14 | 14 | | Effective: July 1, 2025. |
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15 | 15 | | Bauer M |
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16 | 16 | | January 8, 2025, read first time and referred to Committee on Insurance. |
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17 | 17 | | 2025 IN 1205—LS 6448/DI 154 Introduced |
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18 | 18 | | First Regular Session of the 124th General Assembly (2025) |
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19 | 19 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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20 | 20 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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21 | 21 | | additions will appear in this style type, and deletions will appear in this style type. |
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22 | 22 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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23 | 23 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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24 | 24 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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25 | 25 | | a new provision to the Indiana Code or the Indiana Constitution. |
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26 | 26 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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27 | 27 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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28 | 28 | | HOUSE BILL No. 1205 |
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29 | 29 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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30 | 30 | | insurance. |
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31 | 31 | | Be it enacted by the General Assembly of the State of Indiana: |
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32 | 32 | | 1 SECTION 1. IC 5-10-8-27 IS ADDED TO THE INDIANA CODE |
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33 | 33 | | 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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34 | 34 | | 3 1, 2025]: Sec. 27. (a) This section applies to a state employee health |
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35 | 35 | | 4 plan that is established, entered into, amended, or renewed after |
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36 | 36 | | 5 June 30, 2025. |
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37 | 37 | | 6 (b) As used in this section, "covered individual" means an |
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38 | 38 | | 7 individual entitled to coverage under a state employee health plan. |
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39 | 39 | | 8 (c) As used in this section, "fertility preservation services" |
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40 | 40 | | 9 means procedures, products, medications, and services that are: |
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41 | 41 | | 10 (1) intended to preserve fertility for an individual who is |
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42 | 42 | | 11 expected to undergo medical treatment that may directly or |
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43 | 43 | | 12 indirectly cause a risk of impairment of fertility; and |
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44 | 44 | | 13 (2) consistent with established medical practice and |
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45 | 45 | | 14 professional guidelines. |
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46 | 46 | | 15 (d) As used in this section, "state employee health plan" means |
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47 | 47 | | 16 the following: |
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48 | 48 | | 17 (1) A self-insurance program established under section 7(b) of |
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49 | 49 | | 2025 IN 1205—LS 6448/DI 154 2 |
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50 | 50 | | 1 this chapter. |
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51 | 51 | | 2 (2) A contract for prepaid health care services entered into |
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52 | 52 | | 3 under section 7(c) of this chapter. |
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53 | 53 | | 4 (e) A state employee health plan must provide coverage for |
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54 | 54 | | 5 fertility preservation services for a covered individual. |
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55 | 55 | | 6 SECTION 2. IC 5-10-8-28 IS ADDED TO THE INDIANA CODE |
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56 | 56 | | 7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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57 | 57 | | 8 1, 2025]: Sec. 28. (a) This section applies to a state employee health |
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58 | 58 | | 9 plan that is established, entered into, amended, or renewed after |
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59 | 59 | | 10 June 30, 2025. |
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60 | 60 | | 11 (b) As used in this section, "covered individual" means an |
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61 | 61 | | 12 individual entitled to coverage under a state employee health plan. |
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62 | 62 | | 13 (c) As used in this section, "fertility patient" means: |
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63 | 63 | | 14 (1) an individual or couple with infertility; |
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64 | 64 | | 15 (2) an individual or couple who is at increased risk of |
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65 | 65 | | 16 transmitting a serious inheritable genetic or chromosomal |
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66 | 66 | | 17 abnormality to a child; or |
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67 | 67 | | 18 (3) an individual unable to conceive as an individual or with |
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68 | 68 | | 19 a partner because the individual or couple does not have the |
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69 | 69 | | 20 necessary gametes for conception. |
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70 | 70 | | 21 (d) As used in this section, "fertility treatment" means |
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71 | 71 | | 22 procedures, products, medications, and services, including in vitro |
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72 | 72 | | 23 fertilization, that are: |
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73 | 73 | | 24 (1) intended to achieve pregnancy that results in a live birth |
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74 | 74 | | 25 with healthy outcomes; and |
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75 | 75 | | 26 (2) provided in a manner consistent with established medical |
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76 | 76 | | 27 practice and professional guidelines. |
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77 | 77 | | 28 (e) As used in this section, "infertility" means: |
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78 | 78 | | 29 (1) the presence of a condition or factor, including an |
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79 | 79 | | 30 individual's age, that causes the loss or impairment of |
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80 | 80 | | 31 fertility; or |
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81 | 81 | | 32 (2) a couple's inability to achieve pregnancy after twelve (12) |
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82 | 82 | | 33 months of unprotected intercourse when the couple has the |
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83 | 83 | | 34 necessary gametes for conception, including the loss of a |
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84 | 84 | | 35 pregnancy occurring within that twelve (12) month period. |
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85 | 85 | | 36 (f) As used in this section, "state employee health plan" means |
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86 | 86 | | 37 the following: |
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87 | 87 | | 38 (1) A self-insurance program established under section 7(b) of |
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88 | 88 | | 39 this chapter. |
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89 | 89 | | 40 (2) A contract for prepaid health care services entered into |
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90 | 90 | | 41 under section 7(c) of this chapter. |
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91 | 91 | | 42 (g) A state employee health plan must provide coverage for |
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92 | 92 | | 2025 IN 1205—LS 6448/DI 154 3 |
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93 | 93 | | 1 fertility treatment if the covered individual is a fertility patient. |
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94 | 94 | | 2 SECTION 3. IC 27-8-40 IS ADDED TO THE INDIANA CODE AS |
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95 | 95 | | 3 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY |
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96 | 96 | | 4 1, 2025]: |
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97 | 97 | | 5 Chapter 40. Coverage for Fertility Preservation Services |
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98 | 98 | | 6 Sec. 1. This chapter applies to a policy of accident and sickness |
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99 | 99 | | 7 insurance that is issued, delivered, amended, or renewed after June |
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100 | 100 | | 8 30, 2025. |
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101 | 101 | | 9 Sec. 2. As used in this chapter, "fertility preservation services" |
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102 | 102 | | 10 means procedures, products, medications, and services that are: |
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103 | 103 | | 11 (1) intended to preserve fertility for an individual who is |
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104 | 104 | | 12 expected to undergo medical treatment that may directly or |
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105 | 105 | | 13 indirectly cause a risk of impairment of fertility; and |
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106 | 106 | | 14 (2) consistent with established medical practice and |
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107 | 107 | | 15 professional guidelines. |
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108 | 108 | | 16 Sec. 3. As used in this chapter, "insured" means an individual |
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109 | 109 | | 17 entitled to coverage under a policy of accident and sickness |
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110 | 110 | | 18 insurance. |
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111 | 111 | | 19 Sec. 4. As used in this chapter, "policy of accident and sickness |
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112 | 112 | | 20 insurance" has the meaning set forth in IC 27-8-5-1. |
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113 | 113 | | 21 Sec. 5. A policy of accident and sickness insurance must provide |
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114 | 114 | | 22 coverage for fertility preservation services for an insured. |
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115 | 115 | | 23 SECTION 4. IC 27-8-41 IS ADDED TO THE INDIANA CODE AS |
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116 | 116 | | 24 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY |
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117 | 117 | | 25 1, 2025]: |
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118 | 118 | | 26 Chapter 41. Coverage for Fertility Treatment |
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119 | 119 | | 27 Sec. 1. This chapter applies to a policy of accident and sickness |
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120 | 120 | | 28 insurance that is established, entered into, amended, or renewed |
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121 | 121 | | 29 after June 30, 2025. |
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122 | 122 | | 30 Sec. 2. As used in this chapter, "fertility patient" means: |
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123 | 123 | | 31 (1) an individual or couple with infertility; |
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124 | 124 | | 32 (2) an individual or couple who is at increased risk of |
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125 | 125 | | 33 transmitting a serious inheritable genetic or chromosomal |
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126 | 126 | | 34 abnormality to a child; or |
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127 | 127 | | 35 (3) an individual unable to conceive as an individual or with |
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128 | 128 | | 36 a partner because the individual or couple does not have the |
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129 | 129 | | 37 necessary gametes for conception. |
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130 | 130 | | 38 Sec. 3. As used in this chapter, "fertility treatment" means |
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131 | 131 | | 39 procedures, products, medications, and services, including in vitro |
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132 | 132 | | 40 fertilization, that are: |
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133 | 133 | | 41 (1) intended to achieve pregnancy that results in a live birth |
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134 | 134 | | 42 with healthy outcomes; and |
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135 | 135 | | 2025 IN 1205—LS 6448/DI 154 4 |
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136 | 136 | | 1 (2) provided in a manner consistent with established medical |
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137 | 137 | | 2 practice and professional guidelines. |
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138 | 138 | | 3 Sec. 4. As used in this chapter, "infertility" means: |
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139 | 139 | | 4 (1) the presence of a condition or factor, including an |
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140 | 140 | | 5 individual's age, that causes the loss or impairment of |
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141 | 141 | | 6 fertility; or |
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142 | 142 | | 7 (2) a couple's inability to achieve pregnancy after twelve (12) |
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143 | 143 | | 8 months of unprotected intercourse when the couple has the |
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144 | 144 | | 9 necessary gametes for conception, including the loss of a |
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145 | 145 | | 10 pregnancy occurring within that twelve (12) month period. |
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146 | 146 | | 11 Sec. 5. As used in this chapter, "insured" means an individual |
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147 | 147 | | 12 entitled to coverage under a policy of accident and sickness |
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148 | 148 | | 13 insurance. |
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149 | 149 | | 14 Sec. 6. As used in this chapter, "policy of accident and sickness |
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150 | 150 | | 15 insurance" has the meaning set forth in IC 27-8-5-1. |
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151 | 151 | | 16 Sec. 7. A policy of accident and sickness insurance must provide |
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152 | 152 | | 17 coverage for fertility treatment if the insured is a fertility patient. |
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153 | 153 | | 18 SECTION 5. IC 27-13-7-29 IS ADDED TO THE INDIANA CODE |
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154 | 154 | | 19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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155 | 155 | | 20 1, 2025]: Sec. 29. (a) This section applies to an individual contract |
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156 | 156 | | 21 and a group contract that is entered into, delivered, amended, or |
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157 | 157 | | 22 renewed after June 30, 2025. |
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158 | 158 | | 23 (b) As used in this section, "fertility preservation services" |
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159 | 159 | | 24 means procedures, products, medications, and services that are: |
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160 | 160 | | 25 (1) intended to preserve fertility for an individual who is |
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161 | 161 | | 26 expected to undergo medical treatment that may directly or |
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162 | 162 | | 27 indirectly cause a risk of impairment of fertility; and |
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163 | 163 | | 28 (2) consistent with established medical practice and |
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164 | 164 | | 29 professional guidelines. |
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165 | 165 | | 30 (c) An individual contract or a group contract must provide |
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166 | 166 | | 31 coverage for fertility preservation services. |
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167 | 167 | | 32 SECTION 6. IC 27-13-7-30 IS ADDED TO THE INDIANA CODE |
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168 | 168 | | 33 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
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169 | 169 | | 34 1, 2025]: Sec. 30. (a) This section applies to an individual contract |
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170 | 170 | | 35 and a group contract that is entered into, delivered, amended, or |
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171 | 171 | | 36 renewed after June 30, 2025. |
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172 | 172 | | 37 (b) As used in this section, "fertility patient" means: |
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173 | 173 | | 38 (1) an individual or couple with infertility; |
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174 | 174 | | 39 (2) an individual or couple who is at increased risk of |
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175 | 175 | | 40 transmitting a serious inheritable genetic or chromosomal |
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176 | 176 | | 41 abnormality to a child; or |
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177 | 177 | | 42 (3) an individual unable to conceive as an individual or with |
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178 | 178 | | 2025 IN 1205—LS 6448/DI 154 5 |
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179 | 179 | | 1 a partner because the individual or couple does not have the |
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180 | 180 | | 2 necessary gametes for conception. |
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181 | 181 | | 3 (c) As used in this section, "fertility treatment" means |
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182 | 182 | | 4 procedures, products, medications, and services, including in vitro |
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183 | 183 | | 5 fertilization, that are: |
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184 | 184 | | 6 (1) intended to achieve pregnancy that results in a live birth |
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185 | 185 | | 7 with healthy outcomes; and |
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186 | 186 | | 8 (2) provided in a manner consistent with established medical |
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187 | 187 | | 9 practice and professional guidelines. |
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188 | 188 | | 10 (d) As used in this section, "infertility" means: |
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189 | 189 | | 11 (1) the presence of a condition or factor, including an |
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190 | 190 | | 12 individual's age, that causes the loss or impairment of |
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191 | 191 | | 13 fertility; or |
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192 | 192 | | 14 (2) a couple's inability to achieve pregnancy after twelve (12) |
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193 | 193 | | 15 months of unprotected intercourse when the couple has the |
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194 | 194 | | 16 necessary gametes for conception, including the loss of a |
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195 | 195 | | 17 pregnancy occurring within that twelve (12) month period. |
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196 | 196 | | 18 (e) An individual or group contract must provide coverage for |
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197 | 197 | | 19 fertility treatment if the enrollee is a fertility patient. |
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198 | 198 | | 2025 IN 1205—LS 6448/DI 154 |
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