GREEN SHEET REDIGEST
HB 537 2022 Regular Session Davis
INSURANCE/HEALTH: Requires health insurance coverage for infertility treatments
DIGEST
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 iatrogenic 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.
Page 1 of 2
Prepared by Beth O'Quin. 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Insurance to the reengrossed
bill
1. Covers medical treatments that may directly or indirectly cause iatrogenic
infertility.
2. Defines a health coverage plan.
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Prepared by Beth O'Quin.