State Policy Updates
Apr 02, 2020
Origin: ASRM Bulletin
New York to pass the Child-Parent Security Act, finally legalizing gestational carrier contractsASRM would like to share some good news for New Yorkers in the midst of such an unprecedented, challenging time. Today, the New York State Legislature will pass the 2020 state budget which will include the Child-Parent Security Act (CPSA). As many of you know, the effort to overturn NY’s ban on gestational carrier contracts has been in the works for quite some time. This year, Governor Andrew Cuomo gave this bill the push it needed by making it a priority for the state and including it in the annual budget. We applaud Governor Cuomo for his fervent support of the CPSA as well as the bill sponsors, Senator Brad Hoylman and Assemblywoman Amy Paulin. Many thanks to the Protecting Modern Families Coalition, of which ASRM was a member, for leading this charge. Special shout out to Dr. Richard Grazi, Dr. Samantha Pfeifer and Dr. Judy Stern for their significant contributions in support of the CPSA.
Colorado Governor signs IVF and fertility preservation mandate into lawMore good news! On April 1, Colorado Governor Jared Polis signed the Colorado Building Families Act (HB20-1158) into law, making Colorado the eighteenth state to enact an infertility coverage mandate. This new legislation will expand access and remove economic barriers to fertility treatment by requiring insurance plans to cover diagnosis of infertility, treatment for infertility, and fertility preservation services. The Colorado Building Families Act mandates that insurers must cover these new measures beginning January 1, 2022.
ASRM applauds Representative Kerry Tipper and Representative Leslie Herod for championing the bill and for working so closely with the Colorado Fertility Advocates Coalition to advance this important legislation. ASRM members testified in support of the bill and were instrumental in its passage.
Utah enacts bill to cover IVF and genetic testing for Medicaid and State employees and expands law on surrogacy to be more inclusive to the LGBTQ communityOn March 28, Utah Governor Gary Herbert signed HB 214 into law. This bill provides insurance coverage modifications that will require the Department of Health to apply for a Medicaid waiver or state plan amendment to allow for coverage of IVF and genetic testing for Medicaid recipients. This law also requires the Public Employees' Health Benefit Program to cover IVF and genetic testing for state employees.
On March 24 HB 234 was enacted, amending the gestational agreement law in the state to include the recognition of gay couples’ right to gestational surrogacy. The existing law required a couple to provide evidence that the mother’s health is at risk in order to obtain a valid gestational agreement. In light of a 2019 Utah Supreme Court decision, the court affirmed gay couples’ right to gestational surrogacy. It still requires that all couples be married.