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State Infertility Insurance Laws

For details on legislation, click on the states at the bottom of the page.

  • If a state is not listed here, or if you have questions about insurance laws in your state, please call your state's Insurance Commissioner's office.
  • To learn about pending legislation in your state, please contact your State Representatives.

The Employment Retirement Income and Security Act of 1974 exempts companies that self-insure from state regulation.

State Infertility Insurance

(1) Includes a lifetime maximum benefit of not less than $15,000.
(2) Excludes IVF, but covers gamete intrafallopian transfer (GIFT).
(3) Provides a one-time only benefit covering all outpatient expenses arising from IVF.
(4) Limits first-time attempts to four oocyte retrievals. If a child is born, two complete oocyte retrievals for a second birth are covered. Businesses with 25 or fewer employees are exempt from having to provide the coverage specified by the law.
(5) Businesses with 50 or fewer employees do not have to provide coverage specified by law.
(6) Applies to HMOs only; other insurers specifically are exempt from having to provide the coverage.
(8) Applies to HMOs only.
(9) Allows for adoption indemnity benefit to be used for infertility treatment.

ReproductiveFacts.org
is a patient education website of ASRM.