DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 537 Reengrossed 2022 Regular Session Davis
Abstract: Requires health coverage benefits for standard fertility preservation services under certain
conditions.
Proposed law requires a health coverage plan in this state that provides hospital, medical, or surgical
benefits to cover medically necessary expenses for standard fertility preservation services for a
covered individual who undergoes a medical treatment that may directly or indirectly cause
iatrogenic infertility.
For coverage eligibility, proposed law requires the individual to have a medical condition that may
cause infertility or medication therapy, surgery, radiation, chemotherapy, or other medical treatment
that may directly or indirectly cause iatrogenic infertility.
Proposed law exempts an organization that opposes providing coverage on account of religious
objections, operates and is organized as a nonprofit entity, and holds itself out as a religious
organization.
Proposed law defines "health coverage plan", "iatrogenic infertility", "medical treatment that may
directly or indirectly cause iatrogenic infertility", and "standard fertility preservation services".
Proposed law may be known and cited as "The Medically Necessary Fertility Preservation Act".
Effective Jan. 1, 2024.
(Adds R.S. 22:1036.1)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Insurance to the original bill:
1. Add intrauterine insemination, IVF procedures, and standard fertility preservation
services for insurance coverage pursuant to proposed law.
2. Define "health coverage plan".
3. Decrease the required history of infertility from 5 years to 1 year. 4. Remove exposure in utero to diethylstilbestrol (DES) as a condition for which a patient
may present as a reason for infertility.
5. Add polycystic ovary syndrome and male factor infertility as conditions for which a
patient may present as reasons for infertility.
6. Require a patient to have experienced as least 3 unsuccessful intrauterine inseminations
prior to coverage eligibility for IVF procedures.
7. Add conditions for patient coverage eligibility for standard fertility preservation services.
Require a patient to have a medical condition that may cause infertility or an expectation
of undergoing a medical treatment, including but not limited to chemotherapy and
radiation, that is recognized by medical professionals to cause a risk of impairment to
fertility. Further add that standard fertility preservation services are "standard" as
recognized by the American Society of Clinical Oncology or the American Society for
Reproductive Medicine.
8. Exempt an organization that opposes providing coverage on account of religious
objections, operates and is organized as a nonprofit entity, and holds itself out as a
religious organization.
The House Floor Amendments to the engrossed bill:
1. Remove mandatory health coverage benefits and relevant provisions with respect to in
vitro fertilization procedures and intrauterine inseminations.
2. Redefine "health coverage plan" and define "iatrogenic infertility", "medical treatment
that may directly or indirectly cause iatrogenic infertility", and "standard fertility
preservation services".
3. Provide for proposed law to be known and cited as "The Medically Necessary Fertility
Preservation Act".
4. Add the effective date of Jan. 1, 2024 and further require a new policy, contract, or health
coverage plan in this state to comply with proposed law on and after Jan. 1, 2023.