SPONSOR:	Rep. M. Smith & Sen. Hall-Long
	Reps. Baumbach, Bentz, Bolden, Kowalko, Lynn, Paradee; Sens. Henry, Lopez, Marshall, Townsend

HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY

HOUSE BILL NO. 219

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE FOR IN VITRO FERTILIZATION SERVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 35, Title 18 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3556A. In vitro fertilization coverage required.

(a) All group and blanket health insurance policies, contracts or certificates that are delivered, issued for delivery, renewed, extended, or modified in this State by any health insurer, health service corporation or managed care organization which provide for medical or hospital expenses shall include coverage for in vitro fertilization services for persons who, along with their partner, are carriers of spinal muscular atrophy or cystic fibrosis. Such benefits shall be covered to the same extent as other pregnancy-related benefits.

(b) A religious employer may request and an entity subject to this section shall grant an exclusion from coverage under the policy, plan or contract for the coverage required under this section if the required coverage conflicts with the religious organization's bona fide religious beliefs and practices. A religious employer that obtains an exclusion under this subsection shall provide its employees reasonable and timely notice of the exclusion.

Section 2.Amend Chapter 33, Title 18 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§3342A.In vitro fertilization coverage required.

(a) All individual health insurance policies, contracts or certificates that are delivered, issued for delivery, renewed, extended, or modified in this State which provide for medical or hospital expenses shall include coverage for in vitro fertilization services for persons who, along with their partner, are carriers of spinal muscular atrophy or cystic fibrosis. Such benefits shall be covered to the same extent as other pregnancy-related benefits.

(b) A religious employer may request and an entity subject to this section shall grant an exclusion from coverage under the policy, plan or contract for the coverage required under this section if the required coverage conflicts with the religious organization's bona fide religious beliefs and practices.A religious employer that obtains an exclusion under this subsection shall provide its employees reasonable and timely notice of the exclusion.

SYNOPSIS

This bill requires that health insurance offered in this state provide coverage for in vitro fertilization for persons who, along with their partner, are genetic carriers for spinal muscular atrophy or cystic fibrosis. Coverage must be offered to the same extent as all other pregnancy related benefits. Spinal muscular atrophy is an inherited condition that causes nerve cells in the lower part of the brain and spinal cord to break down and die.The condition generally manifests early in life, often the first 6 months, and is the leading genetic cause of death in infants and toddlers.Between one in 40 and one in 50 adults is a carrier and where both parents are carrier, there is a 25% chance that their child will have SMA.(See: http://www.smafoundation.org/about-sma/;http://kidshealth.org/parent/medical/bones/sma.html.). Cystic fibrosis is a genetic disease that causes persistent lung infections and progressively limits the ability to breathe.Like SMA, CF manifests in 25% of the cases where both parents are carriers of the gene. Mandated in vitro fertilization insurance coverage would allow couples who are both carriers for SMA or cystic fibrosis to have a healthy child. The bill provides an exemption for religious employers.