Senate Commerce Committee Statement to Senate, No. 3627 — State of New Jersey (December 18, 2023)

Summary

The Senate Commerce Committee of the State of New Jersey, in a statement dated December 18, 2023, reports favorably and with committee amendments Senate Bill No. 3627. As amended, the bill updates the law on health insurance coverage of infertility, requiring certain carriers to cover infertility services for a partner of a person who has successfully reversed a voluntary sterilization. Carriers must cover infertility services in accordance with American Society for Reproductive Medicine guidelines and as determined by a physician, including in vitro fertilization using donor eggs and unlimited embryo transfers. The bill bars carriers from imposing age-based restrictions on infertility coverage and revises the definition of "infertility."

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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.

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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