understanding state mandated fertility
Currently, 17 states have passed laws that require health insurance coverage for an infertility diagnosis and/or fertility treatment, and seven states have fertility preservation laws for iatrogenic (medically-induced) infertility.
If you live or work in a state that has a mandate to cover infertility care, we recommend you explore your employer plan further by asking the following questions.
- Is my employer plan fully insured or self insured?
Fully insured plans follow state law. Self-insured plans follow federal law and are exempt from state law.
- Is my employer plan a “greater than 25” plan, “greater than 50” plan, etc?
If yes, employers with fewer than a set number of employees do not have to provide coverage.
- Is my employer plan written in the governed state?
Generally, the policy must be written and/or reside in the state that has an infertility coverage law.
- Did you answer “yes” to more than one?
If so, we recommend you research which are fully insured plans in the state with an infertility coverage law.
Each state mandate is unique. Click on the state name below for details.
If you don't see your state listed, visit RESOLVE, the National Infertility Association, to learn more about getting involved and how to advocate for better coverage.