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Senate Commerce Committee Statement to Senate, No. 3627 (December 18, 2023)

Summary

A Senate Commerce Committee statement to Senate, No. 3627, with committee amendments, State of New Jersey, dated December 18, 2023. As amended, the bill updates current law on health insurance coverage of infertility by requiring certain carriers to cover infertility services for a partner of a person who has successfully reversed a voluntary sterilization. It also requires coverage of services related to infertility in accordance with American Society for Reproductive Medicine guidelines and as determined by a physician, and revises the statutory definition of “infertility.” The bill prohibits carriers from imposing age-based restrictions on coverage. The committee amendments extend the effective date of the bill.

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“Senate Commerce Committee Statement to Senate, No. 3627 (December 18, 2023).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-12-18-scm-s3627-s1-c8f142fe7d/, SHA-256 7464ee771b2dfdb8d2c75a332170b0d4d8058ed15ecfdc0920b9215804a29bdd.

Full text

     SENATE COMMERCE COMMITTEE

                     STATEMENT TO

                   SENATE, No. 3627
                    with committee amendments



 STATE OF NEW JERSEY
                   DATED: DECEMBER 18, 2023

    The Senate Commerce Committee reports favorably and with
committee amendments Senate Bill No. 3627.
    As amended, this bill updates current law on health insurance
coverage of infertility by requiring certain health insurance carriers
(including hospital service corporations, medical service corporations,
health service corporations, and health maintenance organizations
authorized to issue health benefits plans in New Jersey, commercial
group health insurance providers, and any entities contracted to
administer health benefits in connection with the State Health Benefits
Program and School Employees’ Health Benefits Program) to cover
infertility services for a partner of a person who has successfully
reversed a voluntary sterilization. The bill also requires health
insurance carriers to cover any services related to infertility in
accordance with American Society for Reproductive Medicine
guidelines and as determined by a physician, including intrauterine
insemination, genetic testing, in vitro fertilization using donor eggs, in
vitro fertilization where the embryo is transferred to a gestational
carrier or surrogate, and unlimited embryo transfers, in accordance
with guidelines from the American Society for Reproductive
Medicine, and any other services related to infertility recommended by
a physician. Additionally, the bill revises the current statutory
definition of “infertility” and adds a definition of “treatment of
infertility.”
    The bill also provides that nothing in the definition of “infertility”
may be used to deny or delay treatment to any individual, regardless of
relationship status or sexual orientation and prohibits health insurance
carriers from imposing restrictions concerning the coverage of
infertility services based on age.
    Finally, the bill excludes coverage for infertility services if an
individual’s infertility resulted solely from a voluntary unreversed
sterilization; provided, however, that coverage for infertility services
shall not be excluded if the voluntary sterilization is successfully
reversed.
                                    2

COMMITTEE AMENDMENTS:
    The committee amended the bill to:
    (1) remove provisions that would have added coverage for the
treatment of infertility to the individual and small employer health
insurance markets;
    (2) require health insurance carriers to cover any services related
to infertility in accordance with American Society for Reproductive
Medicine guidelines and as determined by a physician;
    (3) change the definition of “infertility” as used in the bill;
    (4) stipulate that nothing in the definition of “infertility” may be
used to deny or delay treatment to any individual, regardless of
relationship status or sexual orientation;
    (5) prohibit health insurance carriers from imposing restrictions
concerning the coverage of infertility services based on age;
    (6) clarify the infertility services for which health insurance
carriers are required to provide coverage;
    (7) provide that coverage for in vitro fertilization includes in vitro
fertilization using donor eggs and in vitro fertilization where the
embryo is transferred to a gestational carrier or surrogate; and
    (8) extend the effective date of the bill.

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