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Massachusetts House Bill H1190

Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1190 Compare Versions

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22 HOUSE DOCKET, NO. 2700 FILED ON: 1/16/2025
33 HOUSE . . . . . . . . . . . . . . . No. 1190
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Natalie M. Higgins
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to modern family building.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Natalie M. Higgins4th Worcester1/16/2025Lindsay N. Sabadosa1st Hampshire1/21/2025James B. EldridgeMiddlesex and Worcester2/8/2025Jason M. LewisFifth Middlesex2/14/2025 1 of 17
1616 HOUSE DOCKET, NO. 2700 FILED ON: 1/16/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 1190
1818 By Representative Higgins of Leominster, a petition (accompanied by bill, House, No. 1190) of
1919 Natalie M. Higgins and others relative to fertility diagnostic care. Financial Services.
2020 The Commonwealth of Massachusetts
2121 _______________
2222 In the One Hundred and Ninety-Fourth General Court
2323 (2025-2026)
2424 _______________
2525 An Act relative to modern family building.
2626 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2727 of the same, as follows:
2828 1 SECTION 1. Section 17T of chapter 32A of the General Laws, as appearing in section 74
2929 2of chapter 140 of the acts of 2024, is hereby amended by inserting after the word "processes”, in
3030 3subsection (b), the following words:- , provided that such storage shall be covered from the date
3131 4of cryopreservation until the individual reaches the age of 35, or for a period of not less than five
3232 5years, whichever is later.
3333 6 SECTION 2. Said chapter 32A is hereby amended by inserting after section 17T the
3434 7following section:-
3535 8 Section 17U. (a) For purposes of this section, the following terms shall have the
3636 9following meanings unless the context clearly requires otherwise:
3737 10 “Fertility diagnostic care”, procedures, products, genetic testing, medications and
3838 11services intended to provide information and counseling about an individual’s fertility, including
3939 12laboratory assessments and imaging studies. 2 of 17
4040 13 “Fertility treatment”, procedures, products, genetic testing, medications and services,
4141 14including but not limited to in vitro fertilization, intended to achieve a pregnancy that results in a
4242 15live birth and that are provided in a manner consistent with established medical practice and
4343 16professional guidelines published by the American Society for Reproductive Medicine, its
4444 17successor organization, or a comparable organization, including preconception care,
4545 18procurement, cryopreservation and storage of gametes, embryos or other reproductive tissue.
4646 19 “Infertility”, any of the following: (i) a licensed physician’s findings, based on a patient’s
4747 20medical, sexual, and reproductive history, age, physical findings, diagnostic testing, or any
4848 21combination of these factors; (ii) the need for medical intervention, including, but not limited to,
4949 22the use of donor gametes or donor embryos in order to achieve a successful pregnancy either as
5050 23an individual or with a partner; or (iii) the inability to establish a pregnancy after regular,
5151 24unprotected sexual intercourse for a period of no more than twelve months for an intended
5252 25gestational parent under the age of 35 and of no more than 6 months for an intended gestational
5353 26parent who is 35 years of age or older, provided that pregnancy resulting in miscarriage or
5454 27stillbirth does not restart said 12-month or 6-month time period, (iv) an individual’s increased
5555 28risk, independently or with the individual’s partner, of transmitting a serious, inheritable genetic
5656 29or chromosomal abnormality to a child; or (v) as otherwise defined by the American Society of
5757 30Reproductive Medicine or its successor organization.
5858 31 (b) The commission shall provide to any active or retired employee of the commonwealth
5959 32who is insured under the group insurance commission coverage, to the same extent that benefits
6060 33are provided for other pregnancy-related procedures, coverage for fertility diagnostic care and
6161 34fertility treatment for individuals residing within the commonwealth diagnosed with infertility as
6262 35defined in subsection (a), performed by any licensed medical providers acting within the scope 3 of 17
6363 36of practice for their profession, including physicians, nurse practitioners, certified nurse-
6464 37midwives and licensed certified professional midwives. No conditions, including but not limited
6565 38to prior treatment, age, sexual orientation, gender identity or familial status, shall be imposed to
6666 39receive benefits under this section.
6767 40 (c) A policy that provides coverage for services required under this section shall cover: (i)
6868 41no fewer than four completed oocyte retrievals; (ii) unlimited embryo transfers from retrievals
6969 42covered under this section or from any other completed oocyte retrieval; (iii) unlimited cycles of
7070 43intrauterine insemination; and (iv) unlimited intracervical insemination. No policy shall be
7171 44required to provide coverage for any nonmedical costs relating to the procurement of gametes,
7272 45donor embryos, or surrogacy services.
7373 46 (d) Said coverage may not include any of the following: (i) any exclusion, limitation or
7474 47other restriction on coverage of fertility medications that are different from those imposed on
7575 48other prescription medications; (ii) any exclusion or denial of coverage of any fertility treatment
7676 49based on a covered individual’s participation in fertility services provided by a third party,
7777 50including gestational carriers, surrogates and the donation or use of said thirty party’s genetic
7878 51material; and (iii) any deductible, copayment, coinsurance, benefit maximum or other limitation
7979 52on coverage for services rendered pursuant to this section that are different from those imposed
8080 53upon services not relating to infertility or fertility treatment.
8181 54 SECTION 3. Chapter 112 of the General Laws is hereby amended by inserting after
8282 55section 5O the following section:-
8383 56 Section 5P. (a) The bureau of health professions licensure shall, in collaboration with
8484 57experts in lesbian, gay, bisexual, transgender and queer, hereinafter LGBTQ, family building, 4 of 17
8585 58and in coordination with the American Society for Reproductive Medicine or the Society for
8686 59Assisted Reproductive Technology, develop or provide for, and make available to the board of
8787 60registration in medicine, the board of registration in midwifery, the board of registration in
8888 61nursing and any clinical laboratories licensed under 105 CMR 140.000 that collects, stores or
8989 62distributes any genetic material for fertility treatment a professional development training
9090 63module regarding resources and services available to LGBTQ couples seeking to expand their
9191 64families. The goal of the training module shall be to encourage physicians to speak with their
9292 65patients, and to increase a physician's competency in having effective discussions with patients
9393 66and families in an appropriate manner. The training module shall include information on: (i) the
9494 67prevention and elimination of discrimination based on sexual orientation, gender identity and
9595 68expression in medical settings; (ii) improving access to services for LGBTQ individuals; and (iii)
9696 69options for LGBTQ individuals seeking to start or grow their family.
9797 70 (b) The training module developed shall be accepted by the board of registration in
9898 71medicine, the board of registration in midwifery and the board of registration in nursing as up to
9999 722 continuing professional development credits.
100100 73 SECTION 4. Chapter 118E of the General Laws is hereby amended by inserting after
101101 74section 10A1/2 the following section:-
102102 75 Section 10AA. The division shall provide coverage for fertility diagnostic care, any
103103 76medically necessary ovulation-enhancing drugs and medical services related to prescribing and
104104 77monitoring the use of ovulation-enhancing drugs, and intrauterine insemination that is intended
105105 78to treat infertility and achieve a pregnancy that results in a live birth that includes at least 3 5 of 17
106106 79cycles of ovulation-enhancing medication treatment over a medical assistance recipient’s
107107 80lifetime.
108108 81 SECTION 5. Chapter 175 of the General Laws is hereby amended by striking out section
109109 8247H, as appearing in the 2022 Official Edition, and inserting in place thereof the following
110110 83section:-
111111 84 Section 47H. (a) For purposes of this section, the following terms shall have the
112112 85following meanings unless the context clearly requires otherwise:
113113 86 “Fertility diagnostic care”, procedures, products, genetic testing, medications and
114114 87services intended to provide information and counseling about an individual’s fertility, including
115115 88laboratory assessments and imaging studies.
116116 89 “Fertility treatment”, procedures, products, genetic testing, medications and services,
117117 90including but not limited to in vitro fertilization, intended to achieve a pregnancy that results in a
118118 91live birth and that are provided in a manner consistent with established medical practice and
119119 92professional guidelines published by the American Society for Reproductive Medicine, its
120120 93successor organization, or a comparable organization, including preconception care,
121121 94procurement, cryopreservation and storage of gametes, embryos or other reproductive tissue.
122122 95 “Infertility”, any of the following: (i) a licensed physician’s findings, based on a patient’s
123123 96medical, sexual, and reproductive history, age, physical findings, diagnostic testing, or any
124124 97combination of these factors; (ii) the need for medical intervention, including, but not limited to,
125125 98the use of donor gametes or donor embryos in order to achieve a successful pregnancy either as
126126 99an individual or with a partner; or (iii) the inability to establish a pregnancy after regular,
127127 100unprotected sexual intercourse for a period of no more than twelve months for an intended 6 of 17
128128 101gestational parent under the age of 35 and of no more than 6 months for an intended gestational
129129 102parent who is 35 years of age or older, provided that pregnancy resulting in miscarriage or
130130 103stillbirth does not restart said 12-month or 6-month time period, (iv) an individual’s increased
131131 104risk, independently or with the individual’s partner, of transmitting a serious, inheritable genetic
132132 105or chromosomal abnormality to a child; or (v) as otherwise defined by the American Society of
133133 106Reproductive Medicine or its successor organization.
134134 107 (b) Any blanket or general policy of insurance, except a blanket or general policy of
135135 108insurance which provides supplemental coverage to medicare or other governmental programs,
136136 109described in subsections (a), (c) or (d) of section 110 that provides hospital expense or surgical
137137 110expense insurance that includes pregnancy-related benefits and is issued or subsequently
138138 111renewed by agreement between the insurer and the policyholder, within or without the
139139 112commonwealth, while this provision is effective, or any policy of accident and sickness
140140 113insurance as described in section one hundred and eight that provides hospital expense or
141141 114surgical expense insurance that includes pregnancy-related benefits and is delivered or issued for
142142 115delivery or subsequently renewed by agreement between the insurer and the policyholder in the
143143 116commonwealth while this provision is effective, or any employees' health and welfare fund that
144144 117provides hospital expense and surgical expense benefits that includes pregnancy-related benefits
145145 118and is promulgated or renewed to any person or group of persons in the commonwealth while
146146 119this provision is effective shall provide, to the same extent that benefits are provided for other
147147 120pregnancy-related procedures, coverage for fertility diagnostic care and fertility treatment for
148148 121individuals residing within the commonwealth diagnosed with infertility as defined in subsection
149149 122(a), performed by any licensed medical providers acting within the scope of practice for their 7 of 17
150150 123profession, including physicians, nurse practitioners, certified nurse-midwives and licensed
151151 124certified professional midwives.
152152 125 (c) A policy that provides coverage for services required under this section shall cover: (i)
153153 126no fewer than four completed oocyte retrievals; (ii) unlimited embryo transfers from retrievals
154154 127covered under this section or from any other completed oocyte retrieval; (iii) unlimited cycles of
155155 128intrauterine insemination; and (iv) unlimited intracervical insemination. No policy shall be
156156 129required to provide coverage for any nonmedical costs relating to the procurement of gametes,
157157 130donor embryos, or surrogacy services.
158158 131 (d) Said coverage may not include any of the following: (i) any exclusion, limitation or
159159 132other restriction on coverage of fertility medications that are different from those imposed on
160160 133other prescription medications; (ii) any exclusion or denial of coverage of any fertility treatment
161161 134based on a covered individual’s participation in fertility services provided by a third party,
162162 135including gestational carriers, surrogates and the donation or use of said thirty party’s genetic
163163 136material; and (iii) any deductible, copayment, coinsurance, benefit maximum or other limitation
164164 137on coverage for services rendered pursuant to this section that are different from those imposed
165165 138upon services not relating to infertility or fertility treatment.
166166 139 SECTION 6. Section 47VV of said chapter 175, as appearing in section 145 of chapter
167167 140140 of the acts of 2024, is hereby amended by inserting after the word “tissue”, in subsection (b),
168168 141the following words:- , provided that coverage for such storage shall extend until the individual
169169 142reaches the age of 35, or for a period of 5 years, whichever is later
170170 143 SECTION 7. Chapter 176A of the General Laws is hereby amended by striking section
171171 1448K, as appearing in the 2022 Official Edition, and inserting in place thereof the following:- 8 of 17
172172 145 Section 8K. (a) For purposes of this section, the following terms shall have the following
173173 146meanings unless the context clearly requires otherwise:
174174 147 “Fertility diagnostic care”, procedures, products, genetic testing, medications and
175175 148services intended to provide information and counseling about an individual’s fertility, including
176176 149laboratory assessments and imaging studies.
177177 150 “Fertility treatment”, procedures, products, genetic testing, medications and services,
178178 151including but not limited to in vitro fertilization, intended to achieve a pregnancy that results in a
179179 152live birth and that are provided in a manner consistent with established medical practice and
180180 153professional guidelines published by the American Society for Reproductive Medicine, its
181181 154successor organization, or a comparable organization, including preconception care,
182182 155procurement, cryopreservation and storage of gametes, embryos or other reproductive tissue.
183183 156 “Infertility”, any of the following: (i) a licensed physician’s findings, based on a patient’s
184184 157medical, sexual, and reproductive history, age, physical findings, diagnostic testing, or any
185185 158combination of these factors; (ii) the need for medical intervention, including, but not limited to,
186186 159the use of donor gametes or donor embryos in order to achieve a successful pregnancy either as
187187 160an individual or with a partner; or (iii) the inability to establish a pregnancy after regular,
188188 161unprotected sexual intercourse for a period of no more than twelve months for an intended
189189 162gestational parent under the age of 35 and of no more than 6 months for an intended gestational
190190 163parent who is 35 years of age or older, provided that pregnancy resulting in miscarriage or
191191 164stillbirth does not restart said 12-month or 6-month time period, (iv) an individual’s increased
192192 165risk, independently or with the individual’s partner, of transmitting a serious, inheritable genetic 9 of 17
193193 166or chromosomal abnormality to a child; or (v) as otherwise defined by the American Society of
194194 167Reproductive Medicine or its successor organization.
195195 168 (b) Any contract, except contracts providing supplemental coverage to medicare or other
196196 169governmental programs, between a subscriber and the corporation under an individual or group
197197 170hospital service plan which is delivered, issued for delivery or renewed in the commonwealth
198198 171while this provision is effective and that provides pregnancy-related benefits shall provide as a
199199 172benefit for all individual subscribers or members within the commonwealth and all group
200200 173members having a principal place of employment within the commonwealth, to the same extent
201201 174that benefits are provided for other pregnancy-related procedures, coverage for fertility
202202 175diagnostic care and fertility treatment for individuals residing within the commonwealth
203203 176diagnosed with infertility as defined in subsection (a), performed by any licensed medical
204204 177providers acting within the scope of practice for their profession, including physicians, nurse
205205 178practitioners, certified nurse-midwives and licensed certified professional midwives.
206206 179 (c) A policy that provides coverage for services required under this section shall cover: (i)
207207 180no fewer than four completed oocyte retrievals; (ii) unlimited embryo transfers from retrievals
208208 181covered under this section or from any other completed oocyte retrieval; (iii) unlimited cycles of
209209 182intrauterine insemination; and (iv) unlimited intracervical insemination. No policy shall be
210210 183required to provide coverage for any nonmedical costs relating to the procurement of gametes,
211211 184donor embryos, or surrogacy services.
212212 185 (d) Said coverage may not include any of the following: (i) any exclusion, limitation or
213213 186other restriction on coverage of fertility medications that are different from those imposed on
214214 187other prescription medications; (ii) any exclusion or denial of coverage of any fertility treatment 10 of 17
215215 188based on a covered individual’s participation in fertility services provided by a third party,
216216 189including gestational carriers, surrogates and the donation or use of said thirty party’s genetic
217217 190material; and (iii) any deductible, copayment, coinsurance, benefit maximum or other limitation
218218 191on coverage for services rendered pursuant to this section that are different from those imposed
219219 192upon services not relating to infertility or fertility treatment.
220220 193 SECTION 8. Section 8WW of said chapter 176A, as appearing in section 148 of chapter
221221 194140 of the acts of 2024, is hereby amended by inserting after the word “tissue”, in subsection (b),
222222 195the following words:- , provided that coverage for such storage shall extend until the individual
223223 196reaches the age of 35, or for a period of 5 years, whichever is later
224224 197 SECTION 9. Chapter 176B of the General Laws is hereby amended by striking out
225225 198section 4J, as appearing in the 2022 Official Edition, and inserting in place thereof the following
226226 199new section:-
227227 200 Section 4J. (a) For purposes of this section, the following terms shall have the following
228228 201meanings unless the context clearly requires otherwise:
229229 202 “Fertility diagnostic care”, procedures, products, genetic testing, medications and
230230 203services intended to provide information and counseling about an individual’s fertility, including
231231 204laboratory assessments and imaging studies.
232232 205 “Fertility treatment”, procedures, products, genetic testing, medications and services,
233233 206including but not limited to in vitro fertilization, intended to achieve a pregnancy that results in a
234234 207live birth and that are provided in a manner consistent with established medical practice and
235235 208professional guidelines published by the American Society for Reproductive Medicine, its 11 of 17
236236 209successor organization, or a comparable organization, including preconception care,
237237 210procurement, cryopreservation and storage of gametes, embryos or other reproductive tissue.
238238 211 “Infertility”, any of the following: (i) a licensed physician’s findings, based on a patient’s
239239 212medical, sexual, and reproductive history, age, physical findings, diagnostic testing, or any
240240 213combination of these factors; (ii) the need for medical intervention, including, but not limited to,
241241 214the use of donor gametes or donor embryos in order to achieve a successful pregnancy either as
242242 215an individual or with a partner; or (iii) the inability to establish a pregnancy after regular,
243243 216unprotected sexual intercourse for a period of no more than twelve months for an intended
244244 217gestational parent under the age of 35 and of no more than 6 months for an intended gestational
245245 218parent who is 35 years of age or older, provided that pregnancy resulting in miscarriage or
246246 219stillbirth does not restart said 12-month or 6-month time period, (iv) an individual’s increased
247247 220risk, independently or with the individual’s partner, of transmitting a serious, inheritable genetic
248248 221or chromosomal abnormality to a child; or (v) as otherwise defined by the American Society of
249249 222Reproductive Medicine or its successor organization.
250250 223 (b) Any subscription certificate under an individual or group medical service agreement,
251251 224except certificates which provide supplemental coverage to medicare or other governmental
252252 225programs, which is delivered, issued for delivery or renewed in the commonwealth while this
253253 226section is effective shall provide as a benefit for all individual subscribers or members within the
254254 227commonwealth and all group members having a principal place of employment within the
255255 228commonwealth, to the same extent that benefits are provided for other pregnancy-related
256256 229procedures and subject to the other terms and conditions of the subscription certificate, coverage
257257 230for fertility diagnostic care and fertility treatment for individuals residing within the
258258 231commonwealth diagnosed with infertility as defined in subsection (a), performed by any licensed 12 of 17
259259 232medical providers acting within the scope of practice for their profession, including physicians,
260260 233nurse practitioners, certified nurse-midwives and licensed certified professional midwives.
261261 234 (c) A policy that provides coverage for services required under this section shall cover: (i)
262262 235no fewer than four completed oocyte retrievals; (ii) unlimited embryo transfers from retrievals
263263 236covered under this section or from any other completed oocyte retrieval; (iii) unlimited cycles of
264264 237intrauterine insemination; and (iv) unlimited intracervical insemination. No policy shall be
265265 238required to provide coverage for any nonmedical costs relating to the procurement of gametes,
266266 239donor embryos, or surrogacy services.
267267 240 (d) Said coverage may not include any of the following: (i) any exclusion, limitation or
268268 241other restriction on coverage of fertility medications that are different from those imposed on
269269 242other prescription medications; (ii) any exclusion or denial of coverage of any fertility treatment
270270 243based on a covered individual’s participation in fertility services provided by a third party,
271271 244including gestational carriers, surrogates and the donation or use of said thirty party’s genetic
272272 245material; and (iii) any deductible, copayment, coinsurance, benefit maximum or other limitation
273273 246on coverage for services rendered pursuant to this section that are different from those imposed
274274 247upon services not relating to infertility or fertility treatment.
275275 248 SECTION 10. Section 4WW of said chapter 176B, as appearing in section 149 of chapter
276276 249140 of the acts of 2024, is hereby amended by inserting after the word “tissue”, in subsection (b),
277277 250the following words:- , provided that coverage for such storage shall extend until the individual
278278 251reaches the age of 35, or for a period of 5 years, whichever is later
279279 252 SECTION 11. (a) The office of health equity shall investigate, analyze and study the
280280 253affordability, accessibility and practicality of the resources and services available to lesbian, gay, 13 of 17
281281 254bisexual, transgender and queer, hereinafter LGBTQ, individuals and couples seeking to expand
282282 255their families and to make recommendations to improve access to benefits and services where
283283 256necessary. The office shall: (i) examine availability of assisted reproduction providers in rural
284284 257and geographically isolated areas; (ii) assess the funding and programming needed to enhance
285285 258services to the growing population LGBTQ parents; (iii) examine the feasibility of developing
286286 259statewide training curricula to improve provider competency in the delivery of health and social
287287 260support services to LGBTQ parents; (iv) examine the extent to which out-of-pocket cost
288288 261associated with becoming a parent is impacted by sexual orientation and gender identity; (v)
289289 262examine policies and practices used by cryobanks related to known donors for non-traditional
290290 263families and LGBTQ donors; (vi) recommend best practices for increasing access to services and
291291 264eliminating disparities; (vii) make recommendations to improve resources available to LGBTQ
292292 265individuals relative to parentage, including but not limited to adoption, surrogacy and assistive
293293 266reproductive technology; and (viii) make recommendations relative to education for providers of
294294 267care and services to increase cultural competency and referrals to relevant resources.
295295 268 (b) The office, in formulating its recommendations, shall take into account the best
296296 269policies and practices in other states and jurisdictions. The office may consult experts, hold
297297 270regular public meetings, fact-finding hearings and other public forums as it considers necessary.
298298 271 (c) The study may be conducted by an entity with a demonstrated capacity to deliver
299299 272research results passing an academic peer-review process in analyzing both quantitative and
300300 273qualitative data and to communicate study results in an accessible manner.
301301 274 (d) The office shall receive data to complete the charge of this study under memorandums
302302 275of understanding with the center for health information and analysis established under chapter 14 of 17
303303 27612C of the General Laws, the group insurance commission established under chapter 32A of the
304304 277General Laws and MassHealth established under chapter 118E of the General Laws,
305305 278respectively.
306306 279 (e) The office shall submit the findings of the study to clerks of the senate and house of
307307 280representatives, the joint committee on public health, the joint committee on health care
308308 281financing, the joint committee on children, youth, and families and the house and senate
309309 282committees on ways and means not later than December 31, 2026.
310310 283 SECTION 12. Section 4OO of chapter 176G, as appearing in section 150 of chapter 140
311311 284of the acts of 2024, is hereby amended by inserting after the word “tissue”, in subsection (b), the
312312 285following words:- , provided that coverage for such storage shall extend until the individual
313313 286reaches the age of 35, or for a period of 5 years, whichever is later
314314 287 SECTION 13. Chapter 176G of the General Laws is hereby amended by inserting after
315315 288section 4OO the following section:-
316316 289 Section 4PP. (a) For purposes of this section, the following terms shall have the following
317317 290meanings unless the context clearly requires otherwise:
318318 291 “Fertility diagnostic care”, procedures, products, genetic testing, medications and
319319 292services intended to provide information and counseling about an individual’s fertility, including
320320 293laboratory assessments and imaging studies.
321321 294 “Fertility treatment”, procedures, products, genetic testing, medications and services,
322322 295including but not limited to in vitro fertilization, intended to achieve a pregnancy that results in a
323323 296live birth and that are provided in a manner consistent with established medical practice and 15 of 17
324324 297professional guidelines published by the American Society for Reproductive Medicine, its
325325 298successor organization, or a comparable organization, including preconception care,
326326 299procurement, cryopreservation and storage of gametes, embryos or other reproductive tissue.
327327 300 “Infertility”, any of the following: (i) a licensed physician’s findings, based on a patient’s
328328 301medical, sexual, and reproductive history, age, physical findings, diagnostic testing, or any
329329 302combination of these factors; (ii) the need for medical intervention, including, but not limited to,
330330 303the use of donor gametes or donor embryos in order to achieve a successful pregnancy either as
331331 304an individual or with a partner; or (iii) the inability to establish a pregnancy after regular,
332332 305unprotected sexual intercourse for a period of no more than twelve months for an intended
333333 306gestational parent under the age of 35 and of no more than 6 months for an intended gestational
334334 307parent who is 35 years of age or older, provided that pregnancy resulting in miscarriage or
335335 308stillbirth does not restart said 12-month or 6-month time period, (iv) an individual’s increased
336336 309risk, independently or with the individual’s partner, of transmitting a serious, inheritable genetic
337337 310or chromosomal abnormality to a child; or (v) as otherwise defined by the American Society of
338338 311Reproductive Medicine or its successor organization.
339339 312 (b) Any health maintenance contract shall provide, to the same extent that benefits are
340340 313provided for other pregnancy-related procedures and subject to the other terms and conditions of
341341 314the subscription certificate, coverage for fertility diagnostic care and fertility treatment for
342342 315individuals residing within the commonwealth diagnosed with infertility as defined in subsection
343343 316(a), performed by any licensed medical providers acting within the scope of practice for their
344344 317profession, including physicians, nurse practitioners, certified nurse-midwives and licensed
345345 318certified professional midwives. 16 of 17
346346 319 (c) A policy that provides coverage for services required under this section shall cover: (i)
347347 320no fewer than four completed oocyte retrievals; (ii) unlimited embryo transfers from retrievals
348348 321covered under this section or from any other completed oocyte retrieval; (iii) unlimited cycles of
349349 322intrauterine insemination; and (iv) unlimited intracervical insemination. No policy shall be
350350 323required to provide coverage for any nonmedical costs relating to the procurement of gametes,
351351 324donor embryos, or surrogacy services.
352352 325 (d) Said coverage may not include any of the following: (i) any exclusion, limitation or
353353 326other restriction on coverage of fertility medications that are different from those imposed on
354354 327other prescription medications; (ii) any exclusion or denial of coverage of any fertility treatment
355355 328based on a covered individual’s participation in fertility services provided by a third party,
356356 329including gestational carriers, surrogates and the donation or use of said thirty party’s genetic
357357 330material; and (iii) any deductible, copayment, coinsurance, benefit maximum or other limitation
358358 331on coverage for services rendered pursuant to this section that are different from those imposed
359359 332upon services not relating to infertility or fertility treatment.
360360 333 SECTION 14. Section 17U of chapter 32A shall take effect one year following enactment
361361 334of the legislation.
362362 335 SECTION 15. The training curriculum established pursuant to section 5P of chapter 112
363363 336of the General Laws shall be completed within 9 months of enactment of the legislation.
364364 337 SECTION 16. Section 10AA of chapter 118E shall take effect one year following
365365 338enactment of the legislation.
366366 339 SECTION 16. Section 47H of chapter 175 shall take effect one year following enactment
367367 340of the legislation. 17 of 17
368368 341 SECTION 17. Section 8K of chapter 176A shall take effect one year following enactment
369369 342of the legislation.
370370 343 SECTION 18. Section 4J of chapter 176B shall take effect one year following enactment
371371 344of the legislation.
372372 345 SECTION 18. Section 4PP of chapter 176G shall take effect one year following
373373 346enactment of the legislation.