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Massachusetts Senate Bill S715

Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S715 Compare Versions

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22 SENATE DOCKET, NO. 1477 FILED ON: 1/16/2025
33 SENATE . . . . . . . . . . . . . . No. 715
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Julian Cyr
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 :Julian CyrCape and IslandsJames B. EldridgeMiddlesex and Worcester2/10/2025Jason M. LewisFifth Middlesex2/13/2025 1 of 17
1616 SENATE DOCKET, NO. 1477 FILED ON: 1/16/2025
1717 SENATE . . . . . . . . . . . . . . No. 715
1818 By Mr. Cyr, a petition (accompanied by bill, Senate, No. 715) of Julian Cyr, James B. Eldridge
1919 and Jason M. Lewis for legislation relative to LGBTQ family building. Financial Services.
2020 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2121 SEE SENATE, NO. 622 OF 2023-2024.]
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Fourth General Court
2525 (2025-2026)
2626 _______________
2727 An Act relative to modern family building.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 SECTION 1. Section 17T of chapter 32A of the General Laws, as appearing in section 74
3131 2of chapter 140 of the acts of 2024, is hereby amended by inserting after the word "processes”, in
3232 3subsection (b), the following words:- , provided that such storage shall be covered from the date
3333 4of cryopreservation until the individual reaches the age of 35, or for a period of not less than five
3434 5years, whichever is later.
3535 6 SECTION 2. Said chapter 32A is hereby amended by inserting after section 17T the
3636 7following section:-
3737 8 Section 17U. (a) For purposes of this section, the following terms shall have the
3838 9following meanings unless the context clearly requires otherwise: 2 of 17
3939 10 “Fertility diagnostic care”, procedures, products, genetic testing, medications and
4040 11services intended to provide information and counseling about an individual’s fertility, including
4141 12laboratory assessments and imaging studies.
4242 13 “Fertility treatment”, procedures, products, genetic testing, medications and services,
4343 14including but not limited to in vitro fertilization, intended to achieve a pregnancy that results in a
4444 15live birth and that are provided in a manner consistent with established medical practice and
4545 16professional guidelines published by the American Society for Reproductive Medicine, its
4646 17successor organization, or a comparable organization, including preconception care,
4747 18procurement, cryopreservation and storage of gametes, embryos or other reproductive tissue.
4848 19 “Infertility”, any of the following: (i) a licensed physician’s findings, based on a patient’s
4949 20medical, sexual, and reproductive history, age, physical findings, diagnostic testing, or any
5050 21combination of these factors; (ii) the need for medical intervention, including, but not limited to,
5151 22the use of donor gametes or donor embryos in order to achieve a successful pregnancy either as
5252 23an individual or with a partner; or (iii) the inability to establish a pregnancy after regular,
5353 24unprotected sexual intercourse for a period of no more than twelve months for an intended
5454 25gestational parent under the age of 35 and of no more than 6 months for an intended gestational
5555 26parent who is 35 years of age or older, provided that pregnancy resulting in miscarriage or
5656 27stillbirth does not restart said 12-month or 6-month time period, (iv) an individual’s increased
5757 28risk, independently or with the individual’s partner, of transmitting a serious, inheritable genetic
5858 29or chromosomal abnormality to a child; or (v) as otherwise defined by the American Society of
5959 30Reproductive Medicine or its successor organization. 3 of 17
6060 31 (b) The commission shall provide to any active or retired employee of the commonwealth
6161 32who is insured under the group insurance commission coverage, to the same extent that benefits
6262 33are provided for other pregnancy-related procedures, coverage for fertility diagnostic care and
6363 34fertility treatment for individuals residing within the commonwealth diagnosed with infertility as
6464 35defined in subsection (a), performed by any licensed medical providers acting within the scope
6565 36of practice for their profession, including physicians, nurse practitioners, certified nurse-
6666 37midwives and licensed certified professional midwives. No conditions, including but not limited
6767 38to prior treatment, age, sexual orientation, gender identity or familial status, shall be imposed to
6868 39receive benefits under this section.
6969 40 (c) A policy that provides coverage for services required under this section shall cover: (i)
7070 41no fewer than four completed oocyte retrievals; (ii) unlimited embryo transfers from retrievals
7171 42covered under this section or from any other completed oocyte retrieval; (iii) unlimited cycles of
7272 43intrauterine insemination; and (iv) unlimited intracervical insemination. No policy shall be
7373 44required to provide coverage for any nonmedical costs relating to the procurement of gametes,
7474 45donor embryos, or surrogacy services.
7575 46 (d) Said coverage may not include any of the following: (i) any exclusion, limitation or
7676 47other restriction on coverage of fertility medications that are different from those imposed on
7777 48other prescription medications; (ii) any exclusion or denial of coverage of any fertility treatment
7878 49based on a covered individual’s participation in fertility services provided by a third party,
7979 50including gestational carriers, surrogates and the donation or use of said thirty party’s genetic
8080 51material; and (iii) any deductible, copayment, coinsurance, benefit maximum or other limitation
8181 52on coverage for services rendered pursuant to this section that are different from those imposed
8282 53upon services not relating to infertility or fertility treatment. 4 of 17
8383 54 SECTION 3. Chapter 112 of the General Laws is hereby amended by inserting after
8484 55section 5O the following section:-
8585 56 Section 5P. (a) The bureau of health professions licensure shall, in collaboration with
8686 57experts in lesbian, gay, bisexual, transgender and queer, hereinafter LGBTQ, family building,
8787 58and in coordination with the American Society for Reproductive Medicine or the Society for
8888 59Assisted Reproductive Technology, develop or provide for, and make available to the board of
8989 60registration in medicine, the board of registration in midwifery, the board of registration in
9090 61nursing and any clinical laboratories licensed under 105 CMR 140.000 that collects, stores or
9191 62distributes any genetic material for fertility treatment a professional development training
9292 63module regarding resources and services available to LGBTQ couples seeking to expand their
9393 64families. The goal of the training module shall be to encourage physicians to speak with their
9494 65patients, and to increase a physician's competency in having effective discussions with patients
9595 66and families in an appropriate manner. The training module shall include information on: (i) the
9696 67prevention and elimination of discrimination based on sexual orientation, gender identity and
9797 68expression in medical settings; (ii) improving access to services for LGBTQ individuals; and (iii)
9898 69options for LGBTQ individuals seeking to start or grow their family.
9999 70 (b) The training module developed shall be accepted by the board of registration in
100100 71medicine, the board of registration in midwifery and the board of registration in nursing as up to
101101 722 continuing professional development credits.
102102 73 SECTION 4. Chapter 118E of the General Laws is hereby amended by inserting after
103103 74section 10A1/2 the following section:- 5 of 17
104104 75 Section 10AA. The division shall provide coverage for fertility diagnostic care, any
105105 76medically necessary ovulation-enhancing drugs and medical services related to prescribing and
106106 77monitoring the use of ovulation-enhancing drugs, and intrauterine insemination that is intended
107107 78to treat infertility and achieve a pregnancy that results in a live birth that includes at least 3
108108 79cycles of ovulation-enhancing medication treatment over a medical assistance recipient’s
109109 80lifetime.
110110 81 SECTION 5. Chapter 175 of the General Laws is hereby amended by striking out section
111111 8247H, as appearing in the 2022 Official Edition, and inserting in place thereof the following
112112 83section:-
113113 84 Section 47H. (a) For purposes of this section, the following terms shall have the
114114 85following meanings unless the context clearly requires otherwise:
115115 86 “Fertility diagnostic care”, procedures, products, genetic testing, medications and
116116 87services intended to provide information and counseling about an individual’s fertility, including
117117 88laboratory assessments and imaging studies.
118118 89 “Fertility treatment”, procedures, products, genetic testing, medications and services,
119119 90including but not limited to in vitro fertilization, intended to achieve a pregnancy that results in a
120120 91live birth and that are provided in a manner consistent with established medical practice and
121121 92professional guidelines published by the American Society for Reproductive Medicine, its
122122 93successor organization, or a comparable organization, including preconception care,
123123 94procurement, cryopreservation and storage of gametes, embryos or other reproductive tissue.
124124 95 “Infertility”, any of the following: (i) a licensed physician’s findings, based on a patient’s
125125 96medical, sexual, and reproductive history, age, physical findings, diagnostic testing, or any 6 of 17
126126 97combination of these factors; (ii) the need for medical intervention, including, but not limited to,
127127 98the use of donor gametes or donor embryos in order to achieve a successful pregnancy either as
128128 99an individual or with a partner; or (iii) the inability to establish a pregnancy after regular,
129129 100unprotected sexual intercourse for a period of no more than twelve months for an intended
130130 101gestational parent under the age of 35 and of no more than 6 months for an intended gestational
131131 102parent who is 35 years of age or older, provided that pregnancy resulting in miscarriage or
132132 103stillbirth does not restart said 12-month or 6-month time period, (iv) an individual’s increased
133133 104risk, independently or with the individual’s partner, of transmitting a serious, inheritable genetic
134134 105or chromosomal abnormality to a child; or (v) as otherwise defined by the American Society of
135135 106Reproductive Medicine or its successor organization.
136136 107 (b) Any blanket or general policy of insurance, except a blanket or general policy of
137137 108insurance which provides supplemental coverage to medicare or other governmental programs,
138138 109described in subsections (a), (c) or (d) of section 110 that provides hospital expense or surgical
139139 110expense insurance that includes pregnancy-related benefits and is issued or subsequently
140140 111renewed by agreement between the insurer and the policyholder, within or without the
141141 112commonwealth, while this provision is effective, or any policy of accident and sickness
142142 113insurance as described in section one hundred and eight that provides hospital expense or
143143 114surgical expense insurance that includes pregnancy-related benefits and is delivered or issued for
144144 115delivery or subsequently renewed by agreement between the insurer and the policyholder in the
145145 116commonwealth while this provision is effective, or any employees' health and welfare fund that
146146 117provides hospital expense and surgical expense benefits that includes pregnancy-related benefits
147147 118and is promulgated or renewed to any person or group of persons in the commonwealth while
148148 119this provision is effective shall provide, to the same extent that benefits are provided for other 7 of 17
149149 120pregnancy-related procedures, coverage for fertility diagnostic care and fertility treatment for
150150 121individuals residing within the commonwealth diagnosed with infertility as defined in subsection
151151 122(a), performed by any licensed medical providers acting within the scope of practice for their
152152 123profession, including physicians, nurse practitioners, certified nurse-midwives and licensed
153153 124certified professional midwives.
154154 125 (c) A policy that provides coverage for services required under this section shall cover: (i)
155155 126no fewer than four completed oocyte retrievals; (ii) unlimited embryo transfers from retrievals
156156 127covered under this section or from any other completed oocyte retrieval; (iii) unlimited cycles of
157157 128intrauterine insemination; and (iv) unlimited intracervical insemination. No policy shall be
158158 129required to provide coverage for any nonmedical costs relating to the procurement of gametes,
159159 130donor embryos, or surrogacy services.
160160 131 (d) Said coverage may not include any of the following: (i) any exclusion, limitation or
161161 132other restriction on coverage of fertility medications that are different from those imposed on
162162 133other prescription medications; (ii) any exclusion or denial of coverage of any fertility treatment
163163 134based on a covered individual’s participation in fertility services provided by a third party,
164164 135including gestational carriers, surrogates and the donation or use of said thirty party’s genetic
165165 136material; and (iii) any deductible, copayment, coinsurance, benefit maximum or other limitation
166166 137on coverage for services rendered pursuant to this section that are different from those imposed
167167 138upon services not relating to infertility or fertility treatment.
168168 139 SECTION 6. Section 47VV of said chapter 175, as appearing in section 145 of chapter
169169 140140 of the acts of 2024, is hereby amended by inserting after the word “tissue”, in subsection (b), 8 of 17
170170 141the following words:- , provided that coverage for such storage shall extend until the individual
171171 142reaches the age of 35, or for a period of 5 years, whichever is later
172172 143 SECTION 7. Chapter 176A of the General Laws is hereby amended by striking section
173173 1448K, as appearing in the 2022 Official Edition, and inserting in place thereof the following:-
174174 145 Section 8K. (a) For purposes of this section, the following terms shall have the following
175175 146meanings unless the context clearly requires otherwise:
176176 147 “Fertility diagnostic care”, procedures, products, genetic testing, medications and
177177 148services intended to provide information and counseling about an individual’s fertility, including
178178 149laboratory assessments and imaging studies.
179179 150 “Fertility treatment”, procedures, products, genetic testing, medications and services,
180180 151including but not limited to in vitro fertilization, intended to achieve a pregnancy that results in a
181181 152live birth and that are provided in a manner consistent with established medical practice and
182182 153professional guidelines published by the American Society for Reproductive Medicine, its
183183 154successor organization, or a comparable organization, including preconception care,
184184 155procurement, cryopreservation and storage of gametes, embryos or other reproductive tissue.
185185 156 “Infertility”, any of the following: (i) a licensed physician’s findings, based on a patient’s
186186 157medical, sexual, and reproductive history, age, physical findings, diagnostic testing, or any
187187 158combination of these factors; (ii) the need for medical intervention, including, but not limited to,
188188 159the use of donor gametes or donor embryos in order to achieve a successful pregnancy either as
189189 160an individual or with a partner; or (iii) the inability to establish a pregnancy after regular,
190190 161unprotected sexual intercourse for a period of no more than twelve months for an intended
191191 162gestational parent under the age of 35 and of no more than 6 months for an intended gestational 9 of 17
192192 163parent who is 35 years of age or older, provided that pregnancy resulting in miscarriage or
193193 164stillbirth does not restart said 12-month or 6-month time period, (iv) an individual’s increased
194194 165risk, independently or with the individual’s partner, of transmitting a serious, inheritable genetic
195195 166or chromosomal abnormality to a child; or (v) as otherwise defined by the American Society of
196196 167Reproductive Medicine or its successor organization.
197197 168 (b) Any contract, except contracts providing supplemental coverage to medicare or other
198198 169governmental programs, between a subscriber and the corporation under an individual or group
199199 170hospital service plan which is delivered, issued for delivery or renewed in the commonwealth
200200 171while this provision is effective and that provides pregnancy-related benefits shall provide as a
201201 172benefit for all individual subscribers or members within the commonwealth and all group
202202 173members having a principal place of employment within the commonwealth, to the same extent
203203 174that benefits are provided for other pregnancy-related procedures, coverage for fertility
204204 175diagnostic care and fertility treatment for individuals residing within the commonwealth
205205 176diagnosed with infertility as defined in subsection (a), performed by any licensed medical
206206 177providers acting within the scope of practice for their profession, including physicians, nurse
207207 178practitioners, certified nurse-midwives and licensed certified professional midwives.
208208 179 (c) A policy that provides coverage for services required under this section shall cover: (i)
209209 180no fewer than four completed oocyte retrievals; (ii) unlimited embryo transfers from retrievals
210210 181covered under this section or from any other completed oocyte retrieval; (iii) unlimited cycles of
211211 182intrauterine insemination; and (iv) unlimited intracervical insemination. No policy shall be
212212 183required to provide coverage for any nonmedical costs relating to the procurement of gametes,
213213 184donor embryos, or surrogacy services. 10 of 17
214214 185 (d) Said coverage may not include any of the following: (i) any exclusion, limitation or
215215 186other restriction on coverage of fertility medications that are different from those imposed on
216216 187other prescription medications; (ii) any exclusion or denial of coverage of any fertility treatment
217217 188based on a covered individual’s participation in fertility services provided by a third party,
218218 189including gestational carriers, surrogates and the donation or use of said thirty party’s genetic
219219 190material; and (iii) any deductible, copayment, coinsurance, benefit maximum or other limitation
220220 191on coverage for services rendered pursuant to this section that are different from those imposed
221221 192upon services not relating to infertility or fertility treatment.
222222 193 SECTION 8. Section 8WW of said chapter 176A, as appearing in section 148 of chapter
223223 194140 of the acts of 2024, is hereby amended by inserting after the word “tissue”, in subsection (b),
224224 195the following words:- , provided that coverage for such storage shall extend until the individual
225225 196reaches the age of 35, or for a period of 5 years, whichever is later
226226 197 SECTION 9. Chapter 176B of the General Laws is hereby amended by striking out
227227 198section 4J, as appearing in the 2022 Official Edition, and inserting in place thereof the following
228228 199new section:-
229229 200 Section 4J. (a) For purposes of this section, the following terms shall have the following
230230 201meanings unless the context clearly requires otherwise:
231231 202 “Fertility diagnostic care”, procedures, products, genetic testing, medications and
232232 203services intended to provide information and counseling about an individual’s fertility, including
233233 204laboratory assessments and imaging studies.
234234 205 “Fertility treatment”, procedures, products, genetic testing, medications and services,
235235 206including but not limited to in vitro fertilization, intended to achieve a pregnancy that results in a 11 of 17
236236 207live birth and that are provided in a manner consistent with established medical practice and
237237 208professional guidelines published by the American Society for Reproductive Medicine, its
238238 209successor organization, or a comparable organization, including preconception care,
239239 210procurement, cryopreservation and storage of gametes, embryos or other reproductive tissue.
240240 211 “Infertility”, any of the following: (i) a licensed physician’s findings, based on a patient’s
241241 212medical, sexual, and reproductive history, age, physical findings, diagnostic testing, or any
242242 213combination of these factors; (ii) the need for medical intervention, including, but not limited to,
243243 214the use of donor gametes or donor embryos in order to achieve a successful pregnancy either as
244244 215an individual or with a partner; or (iii) the inability to establish a pregnancy after regular,
245245 216unprotected sexual intercourse for a period of no more than twelve months for an intended
246246 217gestational parent under the age of 35 and of no more than 6 months for an intended gestational
247247 218parent who is 35 years of age or older, provided that pregnancy resulting in miscarriage or
248248 219stillbirth does not restart said 12-month or 6-month time period, (iv) an individual’s increased
249249 220risk, independently or with the individual’s partner, of transmitting a serious, inheritable genetic
250250 221or chromosomal abnormality to a child; or (v) as otherwise defined by the American Society of
251251 222Reproductive Medicine or its successor organization.
252252 223 (b) Any subscription certificate under an individual or group medical service agreement,
253253 224except certificates which provide supplemental coverage to medicare or other governmental
254254 225programs, which is delivered, issued for delivery or renewed in the commonwealth while this
255255 226section is effective shall provide as a benefit for all individual subscribers or members within the
256256 227commonwealth and all group members having a principal place of employment within the
257257 228commonwealth, to the same extent that benefits are provided for other pregnancy-related
258258 229procedures and subject to the other terms and conditions of the subscription certificate, coverage 12 of 17
259259 230for fertility diagnostic care and fertility treatment for individuals residing within the
260260 231commonwealth diagnosed with infertility as defined in subsection (a), performed by any licensed
261261 232medical providers acting within the scope of practice for their profession, including physicians,
262262 233nurse practitioners, certified nurse-midwives and licensed certified professional midwives.
263263 234 (c) A policy that provides coverage for services required under this section shall cover: (i)
264264 235no fewer than four completed oocyte retrievals; (ii) unlimited embryo transfers from retrievals
265265 236covered under this section or from any other completed oocyte retrieval; (iii) unlimited cycles of
266266 237intrauterine insemination; and (iv) unlimited intracervical insemination. No policy shall be
267267 238required to provide coverage for any nonmedical costs relating to the procurement of gametes,
268268 239donor embryos, or surrogacy services.
269269 240 (d) Said coverage may not include any of the following: (i) any exclusion, limitation or
270270 241other restriction on coverage of fertility medications that are different from those imposed on
271271 242other prescription medications; (ii) any exclusion or denial of coverage of any fertility treatment
272272 243based on a covered individual’s participation in fertility services provided by a third party,
273273 244including gestational carriers, surrogates and the donation or use of said thirty party’s genetic
274274 245material; and (iii) any deductible, copayment, coinsurance, benefit maximum or other limitation
275275 246on coverage for services rendered pursuant to this section that are different from those imposed
276276 247upon services not relating to infertility or fertility treatment.
277277 248 SECTION 10. Section 4WW of said chapter 176B, as appearing in section 149 of chapter
278278 249140 of the acts of 2024, is hereby amended by inserting after the word “tissue”, in subsection (b),
279279 250the following words:- , provided that coverage for such storage shall extend until the individual
280280 251reaches the age of 35, or for a period of 5 years, whichever is later 13 of 17
281281 252 SECTION 11. (a) The office of health equity shall investigate, analyze and study the
282282 253affordability, accessibility and practicality of the resources and services available to lesbian, gay,
283283 254bisexual, transgender and queer, hereinafter LGBTQ, individuals and couples seeking to expand
284284 255their families and to make recommendations to improve access to benefits and services where
285285 256necessary. The office shall: (i) examine availability of assisted reproduction providers in rural
286286 257and geographically isolated areas; (ii) assess the funding and programming needed to enhance
287287 258services to the growing population LGBTQ parents; (iii) examine the feasibility of developing
288288 259statewide training curricula to improve provider competency in the delivery of health and social
289289 260support services to LGBTQ parents; (iv) examine the extent to which out-of-pocket cost
290290 261associated with becoming a parent is impacted by sexual orientation and gender identity; (v)
291291 262examine policies and practices used by cryobanks related to known donors for non-traditional
292292 263families and LGBTQ donors; (vi) recommend best practices for increasing access to services and
293293 264eliminating disparities; (vii) make recommendations to improve resources available to LGBTQ
294294 265individuals relative to parentage, including but not limited to adoption, surrogacy and assistive
295295 266reproductive technology; and (viii) make recommendations relative to education for providers of
296296 267care and services to increase cultural competency and referrals to relevant resources.
297297 268 (b) The office, in formulating its recommendations, shall take into account the best
298298 269policies and practices in other states and jurisdictions. The office may consult experts, hold
299299 270regular public meetings, fact-finding hearings and other public forums as it considers necessary.
300300 271 (c) The study may be conducted by an entity with a demonstrated capacity to deliver
301301 272research results passing an academic peer-review process in analyzing both quantitative and
302302 273qualitative data and to communicate study results in an accessible manner. 14 of 17
303303 274 (d) The office shall receive data to complete the charge of this study under memorandums
304304 275of understanding with the center for health information and analysis established under chapter
305305 27612C of the General Laws, the group insurance commission established under chapter 32A of the
306306 277General Laws and MassHealth established under chapter 118E of the General Laws,
307307 278respectively.
308308 279 (e) The office shall submit the findings of the study to clerks of the senate and house of
309309 280representatives, the joint committee on public health, the joint committee on health care
310310 281financing, the joint committee on children, youth, and families and the house and senate
311311 282committees on ways and means not later than December 31, 2026.
312312 283 SECTION 12. Section 4OO of chapter 176G, as appearing in section 150 of chapter 140
313313 284of the acts of 2024, is hereby amended by inserting after the word “tissue”, in subsection (b), the
314314 285following words:- , provided that coverage for such storage shall extend until the individual
315315 286reaches the age of 35, or for a period of 5 years, whichever is later
316316 287 SECTION 13. Chapter 176G of the General Laws is hereby amended by inserting after
317317 288section 4OO the following section:-
318318 289 Section 4PP. (a) For purposes of this section, the following terms shall have the following
319319 290meanings unless the context clearly requires otherwise:
320320 291 “Fertility diagnostic care”, procedures, products, genetic testing, medications and
321321 292services intended to provide information and counseling about an individual’s fertility, including
322322 293laboratory assessments and imaging studies. 15 of 17
323323 294 “Fertility treatment”, procedures, products, genetic testing, medications and services,
324324 295including but not limited to in vitro fertilization, intended to achieve a pregnancy that results in a
325325 296live birth and that are provided in a manner consistent with established medical practice and
326326 297professional guidelines published by the American Society for Reproductive Medicine, its
327327 298successor organization, or a comparable organization, including preconception care,
328328 299procurement, cryopreservation and storage of gametes, embryos or other reproductive tissue.
329329 300 “Infertility”, any of the following: (i) a licensed physician’s findings, based on a patient’s
330330 301medical, sexual, and reproductive history, age, physical findings, diagnostic testing, or any
331331 302combination of these factors; (ii) the need for medical intervention, including, but not limited to,
332332 303the use of donor gametes or donor embryos in order to achieve a successful pregnancy either as
333333 304an individual or with a partner; or (iii) the inability to establish a pregnancy after regular,
334334 305unprotected sexual intercourse for a period of no more than twelve months for an intended
335335 306gestational parent under the age of 35 and of no more than 6 months for an intended gestational
336336 307parent who is 35 years of age or older, provided that pregnancy resulting in miscarriage or
337337 308stillbirth does not restart said 12-month or 6-month time period, (iv) an individual’s increased
338338 309risk, independently or with the individual’s partner, of transmitting a serious, inheritable genetic
339339 310or chromosomal abnormality to a child; or (v) as otherwise defined by the American Society of
340340 311Reproductive Medicine or its successor organization.
341341 312 (b) Any health maintenance contract shall provide, to the same extent that benefits are
342342 313provided for other pregnancy-related procedures and subject to the other terms and conditions of
343343 314the subscription certificate, coverage for fertility diagnostic care and fertility treatment for
344344 315individuals residing within the commonwealth diagnosed with infertility as defined in subsection
345345 316(a), performed by any licensed medical providers acting within the scope of practice for their 16 of 17
346346 317profession, including physicians, nurse practitioners, certified nurse-midwives and licensed
347347 318certified professional midwives.
348348 319 (c) A policy that provides coverage for services required under this section shall cover: (i)
349349 320no fewer than four completed oocyte retrievals; (ii) unlimited embryo transfers from retrievals
350350 321covered under this section or from any other completed oocyte retrieval; (iii) unlimited cycles of
351351 322intrauterine insemination; and (iv) unlimited intracervical insemination. No policy shall be
352352 323required to provide coverage for any nonmedical costs relating to the procurement of gametes,
353353 324donor embryos, or surrogacy services.
354354 325 (d) Said coverage may not include any of the following: (i) any exclusion, limitation or
355355 326other restriction on coverage of fertility medications that are different from those imposed on
356356 327other prescription medications; (ii) any exclusion or denial of coverage of any fertility treatment
357357 328based on a covered individual’s participation in fertility services provided by a third party,
358358 329including gestational carriers, surrogates and the donation or use of said thirty party’s genetic
359359 330material; and (iii) any deductible, copayment, coinsurance, benefit maximum or other limitation
360360 331on coverage for services rendered pursuant to this section that are different from those imposed
361361 332upon services not relating to infertility or fertility treatment.
362362 333 SECTION 14. Section 17U of chapter 32A shall take effect one year following enactment
363363 334of the legislation.
364364 335 SECTION 15. The training curriculum established pursuant to section 5P of chapter 112
365365 336of the General Laws shall be completed within 9 months of enactment of the legislation.
366366 337 SECTION 16. Section 10AA of chapter 118E shall take effect one year following
367367 338enactment of the legislation. 17 of 17
368368 339 SECTION 17. Section 47H of chapter 175 shall take effect one year following enactment
369369 340of the legislation.
370370 341 SECTION 18. Section 8K of chapter 176A shall take effect one year following enactment
371371 342of the legislation.
372372 343 SECTION 19. Section 4J of chapter 176B shall take effect one year following enactment
373373 344of the legislation.
374374 345 SECTION 20. Section 4PP of chapter 176G shall take effect one year following
375375 346enactment of the legislation.