NY State Senate Bill 2023-S9814

Senate Bill S9814

2023-2024 Legislative Session

Relates to financial loss as a result of a failed in-vitro fertilization or intrauterine insemination

download bill text pdf

Current Bill Status - In Senate Committee Insurance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 31, 2024	referred to insurance

2023-S9814 (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §1113, add §3437, Ins L

2023-S9814 (ACTIVE) - Summary

Provides for a credit insurance policy for the indemnification of an intended parent for expenses disbursed when either the intended parent or a person acting as surrogate receives in-vitro fertilization or intrauterine insemination treatment that fails and does not result in the birth of a child.

2023-S9814 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9814

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the insurance law, in relation to financial loss as a
result of a failed in-vitro fertilization or intrauterine insemination

 
PURPOSE:

To indemnify an intended parent for expenses disbursed when either the
intended parent or a person acting as a surrogate receives IVF or IUI
treatment that fails and does not result in the birth of a child.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Insurance Law section 1113(a) to authorize insurance
for expenses disbursed when either the intended parent or a person
acting as a surrogate receives IVF or ICI treatment that tails and does
not result in the birth of a child.

Section 2 adds a new section 3437 to the Insurance Law, which requires a

statement in the application for credit insurance for IVF or IUI that
explains that such product is not a substitute for comprehensive health
insurance. An excess line broker who procures such credit insurance
policy must also provide the statement that the product is not a substi-
tute for comprehensive health insurance.

Section 3 provides that the 0ct shall take effect on the thirtieth day
after it shall become law.

 
JUSTIFICATION:

IVF and IUI is extremely expensive and many intended parents require
multiple rounds of FIR and IUI to have a child. Many intended parents
incur substantial expense (often in the form of debt) without obtaining
a successful result (i.e., the birth of a child). These intended parents
are less likely to attempt additional rounds of IVF cr TUT if early
rounds are unsuccessful, especially when they are saddled with substan-
tial debt.

New York law requires that basic infertility treatments be covered under
individual, small croup, and large group comprehensive health insurance
policies. This includes coverage for the diagnosis and treatment of
correctable medical conditions causing infertility and for other basic
infertility treatments such as intrauterine insemination. New York also
law requires health insurers covering large employer groups (i.e.,
groups of more than 100 employees) to provide coverage for three rounds
of IVF. While this mandatory coverage will undoubtedly halo many
intended parents have a child, unfortunately, many intended parents who
reside in New York and who would make use of such coverage do not have
it because either: (1) they do not get their health insurance through
their employer, or (2) their health insurance is an ERISA plan or other-
wise not subject to New York law and thus is not required to provide
coverage.

This legislation will protect against the large out-of-pocket expense of
a failed IVF or IUI procedure.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPACT ON STATE:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall become
law.

2023-S9814 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9814
 
                             I N  S E N A T E
 
                               May 31, 2024
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Insurance
 
 AN ACT to amend the insurance law, in relation to financial  loss  as  a
   result of a failed in-vitro fertilization or intrauterine insemination
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.   Subparagraph (D) of paragraph 17  of  subsection  (a)  of
 section 1113 of the insurance law, as amended by section 22 of part L of
 chapter 56 of the laws of 2020, is amended to read as follows:
   (D)  (i)  (I)  Indemnifying an adoptive parent for verifiable expenses
 not prohibited under the law paid to or on behalf of  the  birth  mother
 when  either  one  or both of the birth parents of the child withdraw or
 withhold their consent to adoption. Such expenses may  include  materni-
 ty-connected medical or hospital expenses of the birth mother, necessary
 living  expenses  of  the birth mother preceding and during confinement,
 travel expenses of the birth mother to arrange for the adoption  of  the
 child,  legal  fees  of the birth mother, and any other expenses that an
 adoptive parent may lawfully pay to or on behalf of  the  birth  mother;
 [or]
   (II)  Indemnifying an intended parent for financial loss incurred as a
 result of the failure by the person acting as surrogate to perform under
 the surrogacy contract due to death, bodily injury, sickness, disappear-
 ance of the person acting as surrogate, late miscarriage, or stillbirth.
 Such financial loss shall include medical and hospital expenses,  insur-
 ance   co-payments,   deductibles,  and  coinsurance,  necessary  living
 expenses of the person acting as surrogate during the term of the surro-
 gacy contract, travel expenses to arrange for the surrogacy, legal  fees
 of  the  person  acting  as  surrogate,  and  any other expenses that an
 intended parent may lawfully pay to or on behalf of the person acting as
 surrogate; OR
   (III) INDEMNIFYING AN INTENDED  PARENT  FOR  EXPENSES  DISBURSED  WHEN
 EITHER  THE  INTENDED  PARENT  OR  A PERSON ACTING AS SURROGATE RECEIVES
 IN-VITRO FERTILIZATION OR INTRAUTERINE INSEMINATION TREATMENT THAT FAILS
 AND DOES NOT RESULT IN THE BIRTH OF  A  CHILD.    EXPENSES  MAY  INCLUDE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14749-01-4
 S. 9814                             2
 
 LIVING  EXPENSES  OF  THE PERSON ACTING AS SURROGATE DURING THE IN-VITRO
 FERTILIZATION  OR  INTRAUTERINE  INSEMINATION  TREATMENT  AND   EXPENSES
 INCURRED  BY THE INTENDED PARENT OR PERSON ACTING AS SURROGATE TO TRAVEL
 FOR  THE  IN-VITRO FERTILIZATION OR INTRAUTERINE INSEMINATION TREATMENT.
 EXPENSES ALSO MAY INCLUDE MEDICAL  AND  HOSPITAL  EXPENSES  NOT  COVERED
 UNDER  THE  INTENDED PARENT'S OR PERSON ACTING AS SURROGATE'S COMPREHEN-
 SIVE HEALTH INSURANCE AND INSURANCE CO-PAYMENTS, DEDUCTIBLES, AND  COIN-
 SURANCE, BUT CREDIT INSURANCE AS DEFINED IN THIS CLAUSE SHALL NOT SOLELY
 COVER  SUCH  MEDICAL AND HOSPITAL EXPENSES, CO-PAYMENTS, DEDUCTIBLES, OR
 COINSURANCE; and
   (ii) For the purposes of this subparagraph "adoptive parent" means the
 parent or [his or her] THE PARENT'S spouse seeking  to  adopt  a  child,
 "birth  mother" means the biological mother of the child, "birth parent"
 means the biological mother or biological father of the child,  and  the
 terms  "donor",  "intended  parent",  "person  acting as surrogate", and
 "surrogacy agreement" shall  have  the  meaning  set  forth  in  section
 581-102 of the family court act; or
   §  2.    The  insurance law is amended by adding a new section 3437 to
 read as follows:
   § 3437. CREDIT INSURANCE FOR IN-VITRO  FERTILIZATION  OR  INTRAUTERINE
 INSEMINATION.  (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION,
 AN  INSURER  THAT  ISSUES  A  CREDIT INSURANCE POLICY PURSUANT TO CLAUSE
 (III) OF  ITEM  (I)  OF  SUBPARAGRAPH  (D)  OF  PARAGRAPH  SEVENTEEN  OF
 SUBSECTION  (A)  OF  SECTION  ONE  THOUSAND ONE HUNDRED THIRTEEN OF THIS
 CHAPTER SHALL PROVIDE A STATEMENT IN THE APPLICATION FOR  THE  INSURANCE
 POLICY  AND  IN A PROMINENT WRITING UPON POLICY ISSUANCE THAT THE CREDIT
 INSURANCE POLICY IS NOT A SUBSTITUTE FOR COMPREHENSIVE HEALTH INSURANCE.
   (B) AN EXCESS LINE BROKER WHO PROCURES SUCH A CREDIT INSURANCE  POLICY
 PURSUANT  TO SECTION TWO THOUSAND ONE HUNDRED FIVE OF THIS CHAPTER SHALL
 PROVIDE THE STATEMENT REQUIRED BY SUBSECTION  (A)  OF  THIS  SECTION  ON
 BEHALF OF THE INSURER.
   §  3.   This act shall take effect on the thirtieth day after it shall
 have become a law.

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