New directive announced requiring insurers to cover infertility services despite sexual orientation, gender identity

New York News

ALBANY, N.Y. (NEWS10) – It was announced on Tuesday that the Department of Financial Services was given guidance requiring New York health insurers to cover fertility services for all New Yorkers – regardless of sexual orientation or gender identity.

Under this new guidance, health insurers are now required to provide immediate coverage of services for the diagnosis and treatment of infertility for people covered under individual, small group, and large group health insurance policies and contracts. Specifically, it is for those who are unable to conceive due to their sexual orientation or gender identity.

This guidance was first proposed in the Governor’s 2021 State of the State as a key component of the Women’s Agenda.

“Every New Yorker regardless of sexual orientation or gender identify should have the same opportunity to conceive a family, and we must do everything we can to ensure cost is not a barrier,” Governor Cuomo said. “In New York State, we believe love is what makes a family and that the law must work for everyone. This action will go a long way toward achieving that goal.”

This circular letter builds on a number of nation-leading actions to protect the rights of both women and LGBTQ New Yorkers.

Current Insurance Law requires insurers to cover infertility services. However, before qualifying for coverage, individuals who are unable to conceive due to their sexual orientation or gender identity were sometimes paying six or 12 months of out-of-pocket expenses for infertility treatments such as testing and intrauterine insemination to demonstrate infertility.

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