July 14, 2015
On May 30, 2015, Gov. Hogan signed HB 838 into law, creating Chapter 483. The new law applies to insurers and relates to coverage for infertility services for same- and opposite-sex couples. For same-sex couples, the law states that for infertility benefits other than in vitro fertilization, insurers may not require that the patient’s spouse’s sperm be used in the covered treatments or procedures or that the patient demonstrate infertility exclusively by means of a history of unsuccessful heterosexual intercourse. Specifically, a same-sex couple may demonstrate infertility by showing six attempts of artificial insemination over the course of two years failing to result in pregnancy. Opposite-sex couples may demonstrate infertility by showing intercourse of at least two years’ duration failing to result in pregnancy.
The new law also prohibits insurers that provide pregnancy-related benefits from excluding benefits for outpatient expenses related to in vitro fertilization for same-sex couples if the patient’s oocytes are fertilized with donor sperm. Lastly, the new law clarifies that insurers are not responsible for any costs incurred in obtaining donor sperm for a same-sex couple.
Although the new law creates no new employer compliance obligations, employers should be aware of the coverage changes, particularly for employees that may be asking questions relating to infertility coverage for both same- and opposite sex couples. Chapter 483 is effective July 1, 2015 (regardless of renewal date).
Chapter 483 »