NY State Senate Bill 2025-S4497

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 06, 2025	referred to insurance

2025-S4497 (ACTIVE) - Details

Current Committee:: Senate Insurance
Law Section:: Insurance Law
Laws Affected:: Amd §§3221, 4303 & 3216, Ins L

2025-S4497 (ACTIVE) - Summary

Requires certain insurance policies to provide coverage for fertility preservation services, including anticipated iatrogenic infertility.

2025-S4497 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4497

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the insurance law, in relation to coverage for fertility
preservation services

 
PURPOSE:

To expand existing insurance coverage of fertility preservation services
beyond only cases of iatrogenic infertility

 
SUMMARY OF PROVISIONS:

Section one amends insurance law section 3221(k) (6) (C) items (vi) and
(viii) as follows:

(vi) - amends existing coverage mandate for fertility preservation
services to repeal the restriction to cases "when a medical treatment
may directly or indirectly cause iatrogenic infertility."

(viii) - prohibits insurers from discriminating based on anticipated
iatrogenic infertility.

Section two amends insurance law section 4303 (s) (3) items (F) and (H)
as follows:

(F) - amends existing coverage mandate for fertility preservation
services to repeal the restriction to cases "when a medical treatment
may directly or indirectly cause iatrogenic infertility."

(H) - prohibits insurers from discriminating based on anticipated iatro-
genic infertility.

Section three amends insurance law section 3216 (i) (13) (C) as follows:

(C) - amends existing coverage mandate for fertility preservation
services to repeal the restriction to cases "when a medical treatment
may directly or indirectly cause iatrogenic infertility."

(C) (ii) - prohibits insurers from discriminating based on anticipated
iatrogenic infertility.

Section four is the effective date.

 
JUSTIFICATION:

Under current law, fertility preservation services are only mandated for
coverage when infertility results from medical treatments. While this
addresses a critical need for individuals undergoing procedures like
chemotherapy, it fails to account for the myriad reasons someone may
wish to preserve their fertility. For most New Yorkers, the cost of egg
freezing remains unattainable, creating a significant and often ovena-
heiming financial barrier. This burden is especially acute during the
prime reproductive years when egg freezing is most effective. Unless
someone is independently wealthy or fortmate enough to work for one of
the small percenteve of employers that offer fertility preservation

benefits, they are effectively excluded from using this advanced medical
tool to plan their families and their futures.

Many individuals delay childbearing for reasons such as achieving finan-
cial stability, pursuing higher education, or addressing family health
risks, such as a genetic predisposition to ovarian cancer.  These are
valid and pressing concerns, yet they fall outside the current scope of
coverage. Moreover, it is unacceptable that New Yorkers can find more
affordable fertility preservation options abroad, though even this
alternative remains financially inaccessible for most, further high-
lighting the inequity in the current system.

In an era of unprecedented medical advancement, egg freezing, and other
fertility preservation services should not be luxuries reserved for the
privileged few. These tools allow individuals to take control of their
reproductive health and family planning, fostering personal and economic
stability. By restricting access to these services, New York perpetuates
a system in which only the wealthy can fully benefit from medical
progress. The current system contradicts our values as a state committed
to equity and opportunity for all.

This legislation builds on the 2019 law by removing the restriction that
fertility preservation services be covered only in cases of iatrogenic
infertility. It acknowledges the broader circumstances under which indi-
viduals might need these services and ensures that coverage is equitable
and accessible to most New Yorkers. This effort also aligns New York
with a growing movement to make advanced reproductive technology a stan-
dard rather than a luxury.

New Yorkers should not have to choose between pursuing their dreams or
building a family. This legislation is a critical step toward rectifying
the inequity affecting those without financial means. By expanding
access to fertility preservation services, New York can reaffirm its
leadership in promoting reproductive rights and health equity for all.
As a state that has often led the nation in reproductive health poli-
cies, New York has the opportunity to set a new national standard.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPUCATIONS:

None to the State

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S4497 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4497
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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 coverage for fertility
   preservation services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Clauses (vi) and (viii) of subparagraph (C) of paragraph 6
 of subsection (k) of section 3221 of the insurance law,  as  amended  by
 section  1  of part L of chapter 57 of the laws of 2019,  are amended to
 read as follows:
   (vi) Coverage  shall  also  include  standard  fertility  preservation
 services  [when  a  medical  treatment  may directly or indirectly cause
 iatrogenic infertility to an insured]. Coverage may be subject to annual
 deductibles and coinsurance, including  copayments,  as  may  be  deemed
 appropriate  by  the  superintendent  and  as  are consistent with those
 established for other benefits within a given policy.
   (viii) No  insurer  providing  coverage  under  this  paragraph  shall
 discriminate based on an insured's expected length of life, present [of]
 OR predicted disability, degree of medical dependency, perceived quality
 of  life,  or  other health conditions, INCLUDING ANTICIPATED IATROGENIC
 INFERTILITY, nor based on personal characteristics, including age,  sex,
 sexual orientation, marital status or gender identity.
   §  2.  Subparagraphs  (F)  and (H) of paragraph 3 of subsection (s) of
 section 4303 of the insurance law, as amended by section 2 of part L  of
 chapter 57 of the laws of 2019, are amended to read as follows:
   (F)  Coverage  shall  also  include  standard  fertility  preservation
 services [when a medical treatment  may  directly  or  indirectly  cause
 iatrogenic infertility to an insured]. Coverage may be subject to annual
 deductibles  and  coinsurance,  including  copayments,  as may be deemed
 appropriate by the superintendent  and  as  are  consistent  with  those
 established for other benefits within a given contract.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08489-01-5

 S. 4497                             2
 
   (H)  No  corporation  providing  coverage  under this subsection shall
 discriminate based on an insured's expected length of life,  present  or
 predicted disability, degree of medical dependency, perceived quality of
 life,  or  other  health  conditions,  INCLUDING  ANTICIPATED IATROGENIC
 INFERTILITY,  nor based on personal characteristics, including age, sex,
 sexual orientation, marital status or gender identity.
   § 3. Subparagraph (C) of paragraph 13 of  subsection  (i)  of  section
 3216 of the insurance law, as added by section 3 of part L of chapter 57
 of the laws of 2019, is amended to read as follows:
   (C)  Every  policy  that  provides  medical,  major medical or similar
 comprehensive-type coverage shall provide coverage for standard fertili-
 ty preservation services [when a medical treatment may directly or indi-
 rectly cause iatrogenic infertility to  an  insured].  Coverage  may  be
 subject  to annual deductibles and coinsurance, including copayments, as
 may be deemed appropriate by the superintendent and  as  are  consistent
 with those established for other benefits within a given policy.
   (i)  For purposes of this subparagraph, "iatrogenic infertility" means
 an impairment of fertility by surgery, radiation, chemotherapy or  other
 medical treatment affecting reproductive organs or processes.
   (ii) No insurer providing coverage under this paragraph shall discrim-
 inate  based  on  an  insured's  expected  length  of  life,  present or
 predicted disability, degree of medical dependency, perceived quality of
 life, or  other  health  conditions,  INCLUDING  ANTICIPATED  IATROGENIC
 INFERTILITY,  nor based on personal characteristics, including age, sex,
 sexual orientation, marital status or gender identity.
   § 4. This act shall take effect immediately.

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Senate Bill S4497

Sponsored By

Current Bill Status - In Senate Committee Insurance Committee

2025-S4497 (ACTIVE) - Details

2025-S4497 (ACTIVE) - Summary

2025-S4497 (ACTIVE) - Sponsor Memo

2025-S4497 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4497

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Sponsored By

Michelle Hinchey

Current Bill Status - In Senate Committee Insurance Committee

2025-S4497 (ACTIVE) - Details

2025-S4497 (ACTIVE) - Summary

2025-S4497 (ACTIVE) - Sponsor Memo

2025-S4497 (ACTIVE) - Bill Text download pdf

Comments