Bill Text: NY A04316 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 4316 (Prior Session Legislation)

Introduced

Bill Title: Requires health insurance coverage of infertility to be provided to insureds with same sex partners on the same basis as that provided to insureds with a partner of the opposite sex.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2020-01-08 - referred to insurance [A04316 Detail]

Download: New_York-2019-A04316-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          4316
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced  by M. of A. GLICK -- read once and referred to the Committee
          on Insurance
        AN ACT to amend the insurance law, in relation to coverage of the  diag-
          nosis and treatment of infertility
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph 13 of subsection  (i)  of  section  3216  of  the
     2  insurance  law  is  amended  by adding a new subparagraph (C) to read as
     3  follows:
     4    (C) (i) No policy which provides coverage pursuant to  this  paragraph
     5  shall  limit  or  restrict,  or place additional requirements upon, such
     6  coverage, when an insured has a partner  of  the  same  sex.    Coverage
     7  pursuant  to  this  paragraph  shall be provided to such insureds on the
     8  same basis and conditions as provided to insureds with a partner of  the
     9  opposite sex.
    10    (ii)  An insurer subject to the provisions of this paragraph shall not
    11  require as a condition of coverage that an insured who has a partner  of
    12  the  same  sex  that:  (I)  the insured's partner's sperm be used in the
    13  covered treatments or procedures; or (II) the insured demonstrate infer-
    14  tility exclusively by means of a history  of  unsuccessful  heterosexual
    15  sexual intercourse.
    16    (iii)  In the event that a policy provides coverage of in vitro ferti-
    17  lization, such policy shall not limit or restrict, or  place  additional
    18  requirements  upon,  such  coverage when an insured has a partner of the
    19  same sex. Such coverage shall be provided to such insureds on  the  same
    20  basis and conditions as provided to insureds with a partner of the oppo-
    21  site sex.
    22    §  2.  Paragraph  6 of subsection (k) of section 3221 of the insurance
    23  law is amended by adding a new subparagraph (E) to read as follows:
    24    (E) (i) No group or blanket policy which provides coverage pursuant to
    25  this paragraph shall limit or restrict, or place additional requirements
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05669-01-9

        A. 4316                             2
     1  upon, such coverage, when an insured has a  partner  of  the  same  sex.
     2  Coverage  pursuant  to this paragraph shall be provided to such insureds
     3  on the same basis and conditions as provided to insureds with a  partner
     4  of the opposite sex.
     5    (ii)  An insurer subject to the provisions of this paragraph shall not
     6  require as a condition of coverage that an insured who has a partner  of
     7  the  same  sex  that:  (I)  the  insureds partner's sperm be used in the
     8  covered treatments or procedures; or (II) the insured demonstrate infer-
     9  tility exclusively by means of a history  of  unsuccessful  heterosexual
    10  sexual intercourse.
    11    (iii) In the event that a group or blanket policy provides coverage of
    12  in  vitro  fertilization,  such  policy  shall not limit or restrict, or
    13  place additional requirements upon, such coverage when an insured has  a
    14  partner  of  the  same  sex.  Such  coverage  shall  be provided to such
    15  insureds on the same basis and conditions as provided to insureds with a
    16  partner of the opposite sex.
    17    § 3. Subsection (s) of section 4303 of the insurance law,  as  amended
    18  by  section 2 of part K of chapter 82 of the laws of 2002, is amended by
    19  adding a new paragraph 5 to read as follows:
    20    (5)(A) No contract which provides coverage pursuant to this subsection
    21  shall limit or restrict, or place  additional  requirements  upon,  such
    22  coverage,  when a covered person has a partner of the same sex. Coverage
    23  pursuant to this subsection shall be provided to such covered persons on
    24  the same basis and conditions as provided  to  covered  persons  with  a
    25  partner of the opposite sex.
    26    (B)  A  hospital  service  corporation  or  health service corporation
    27  subject to the provisions of this subsection  shall  not  require  as  a
    28  condition  of  coverage  that  a covered person who has a partner of the
    29  same sex that: (i) the covered person's partner's sperm be used  in  the
    30  covered treatments or procedures; or (ii) the covered person demonstrate
    31  infertility exclusively by means of a history of unsuccessful heterosex-
    32  ual sexual intercourse.
    33    (C)  In the event that a contract provides coverage of in vitro ferti-
    34  lization, such contract shall not limit or restrict, or place additional
    35  requirements upon, such coverage when a covered person has a partner  of
    36  the same sex. Such coverage shall be provided to such covered persons on
    37  the  same  basis  and  conditions  as provided to covered persons with a
    38  partner of the opposite sex.
    39    § 4. This act shall take effect immediately.